When people think of personal injury cases, they imagine having them heard by a judge or jury. Although a case can go to trial, most of these cases get resolved in settlements. Often, insurance companies agree to make an offer to try to avoid the costs and stress associated with court trials. Often, personal injury cases go to trial because of some challenges and factors. A Personal Injury Attorney in Philadelphia, PA can help you overcome these challenges, ensuring you get the compensation you are entitled to. The following are situations when personal injury cases go to trial:
When Liability is Disputed
If the opposing party denies liability for the accident and your injury, your claim may be disputed. Liability disputes can be a reason your case goes to court. Settlements are achieved when both parties involved agree to resolve the case without going to trial. If the case goes to trial, a judge or jury will hear all sides of the story and decide who is responsible for the accident based on the evidence and facts presented.
When Settlement Negotiations Fail
Personal Injury Attorney San Fransisco Dolan Law can go to court if both parties involved do not agree on the claim’s value. The insurance company of the defendant will usually reduce its financial liability by devaluing the losses of a claimant. Your attorney can usually convince the insurer to provide a fair amount of compensation to settle the case. However, some insurance providers do not increase their offers.
When this happens, your attorney can take your case to trial. This often occurs in cases that involve permanently disabling or catastrophic injuries. Usually, such cases are worth more than the offers of insurance companies during negotiations. If your attorney thinks you are entitled to get more for your injuries, they will prepare to fight for your claim in court.
Insurance Bad Faith
In some instances, insurers do not treat claimants properly and refuse to make a fair settlement offer. This practice is known as insurance bad faith. This can occur when an insurer handles a claim unfairly or dishonestly, so it can save money. This type of practice can cause your case to end up in court. This way, the insurer is forced to pay your claim’s full value. Also, your attorney may want to sue the insurer for a bad faith practice to get extra compensation for the inconvenience and trouble the company causes.
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