Personal injury victims have the option to file a lawsuit or process the claim out of court. If a plaintiff does not want to settle their claim, they can take their case to trial and it will be determined by a judge instead. Even though you are fully within your rights to pursue a personal injury lawsuit in court and have the outcome resolved by a judge or jury, most cases can be resolved without the courts being involved.
However, the skills of an experienced personal injury attorney, or at least the threat to an insurance company that such an attorney may present, sometimes is worth the money you must pay to that attorney to represent you. An experienced and trained personal injury attorney is always ready to bring a claim to court. You may need an attorney because of the complex legal regulations involved in your claim. Because of the severity of your injuries, you may require compensation that varies greatly from the norm or simply because an insurance company refuses to settle the matter in good faith.
The following types of injuries and accidents almost always require the help of an attorney.
Serious injury
The severity of your injuries determines the amount of accident compensation. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes to recover. As the amount of your possible compensation increases, the range of compensation that may remain becomes wider. In such cases, it may be worth the expense of having an attorney handle your claim and ensure that you receive adequate compensation.
Disabling injuries
Some accidents result in injuries that significantly affect physical abilities for a long time, or even permanently. Calculating how much a severe injury is worth can be difficult. You will likely require the assistance of an experienced attorney to get the most benefit from your claim.
Medical negligence
If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or another medical provider, both the medical issues and the legal regulations involved are complicated matters. They almost certainly require that you hire an experienced medical malpractice attorney.
Toxic exposure
Sometimes we get sick from exposure to pollutants in the air, soil, or water, products, or food. Claims based on such exposure are difficult to prove; however, they often require extraordinarily complex scientific data. And because the chemical industry has built an enormous wall to protect itself from legal exposure while continuing to expose us to potentially harmful chemicals, the evidence required is difficult to obtain.
In all these scenarios, the help of an expert lawyer who has experience in handling these cases, in many cases being the deciding factor of whether you will receive what you deserve. Our attorneys at Avrek have such experience.
Factors in the liquidation decision
Numerous factors can influence your ability to file a lawsuit and take your case to court. One of the most common reasons is to receive an insufficient offer from the insurance company of the opposite party. A plaintiff may believe that the compensation offered is not sufficient and that his claim has more value. If an insurance company makes an offer that makes the plaintiff satisfied; then, an agreement is reached before going to court usually. Most personal injury cases are resolved this way.
When an insurance company refuses to pay
The decision to cancel or file a lawsuit is one of the most important decisions you must make as a victim of personal injury. In many cases, regardless of the nature of the injury or the amount of your medical expenses and income loss, you will have to hire an attorney because an insurance company or government agency simply refuses to make any fair settlement offer. In some of these cases, something is better than nothing.
The final decision is entirely up to you; however, it is strongly recommended to discuss your options with your trusted attorney carefully. They have the knowledge, experience, and resources to provide professional advice and recommendations for your case.
Reasons to avoid court
There are several reasons why you would prefer to keep the matter out of court. One of the contributing factors is the possibility of losing. In this scenario, there is a chance that the plaintiff could be left with little compensation or nothing at all. This same situation applies to the accused as well. They could risk losing their trial, and they may be required to pay much more than what was originally required by the plaintiff. However, this does not usually happen, since a defendant’s insurance company will generally pay any compensation to the plaintiff, at least to the limits of the defendant’s insurance company policy.
For both sides, there are also legal and judicial fees that coincide with the taking of a claim to trial. Additional reasons why plaintiffs and defendants may want to avoid a lawsuit include the possibility of appeals, delays in receiving compensation, additional court costs, deposition fees, expert fees, and more.
Cases going to trial
Although rare, it is sometimes necessary to take a claim to trial. Most often, it is because a settlement cannot be agreed upon, or the judicial intervention of a jury is necessary to determine the true value of the claim. Other times, the reason may be more complex. You should speak to a licensed and experienced personal injury attorney about the circumstances surrounding your claim.
How to find a good personal injury attorney
A good way to find an attorney is to ask friends, acquaintances, or other attorneys for referrals; and then interview the candidates. Additionally, there are many law firms that offer a directory of attorneys with information about each attorney’s experience, education, and fees. At Avrek, we pride ourselves on providing legal assistance, even before we find the attorney you want to work on your case.
Do you want legal assistance for your case or an attorney to represent your claim? Contact us by phone or visit our website!
