When Is It Worth Filing A Personal Injury Case In Court?

If you have been seriously injured in an accident, then you know the consequences of another person’s negligence all too well. Pain and suffering, medical bills, and lost wages are only a few of the immediate effects resulting from accidents that cause injuries. The long-term effects may cause brain damage, post-traumatic stress disorder, and even paralysis. It is important that you seek full compensation for all of your losses, but does this mean you need to file a lawsuit in court?

Not all personal injury claims result in litigation, as many settle directly with an insurance company. To obtain a full recovery, you will need an experienced personal injury attorney on your side. Otherwise, the insurance company will attempt to minimize your claim or deny it altogether. The attorneys at Banks, Stubbs & McFarland LLP can help you determine the value of your case and whether it is advisable to take your case to trial before a judge or jury.

When You Should File A Personal Injury Case In Court

If you suffered severe injuries and your case contains complex facts or several different parties that may be liable, then it is likely you will have to file in Court and prepare to take your case to trial. Many complicated catastrophic injury cases go to trial because the damages are extremely high, and the insurance company will not agree to a fair settlement amount.

On the other hand, if you have a clear liability auto wreck case, if you have documented your injuries well through medical records, then you may be able to reach a full and fair settlement with the insurance company after you have completed your treatment. In either event, having an experienced personal injury attorney is absolutely essential to obtain the necessary documentary evidence and to present compelling arguments to the adjuster as to the proper value for the case.

However, each case is different, and it can be difficult to predict how the insurance company in your case will react to your claim. Some insurance companies are known for hardball tactics and others are known for being fair. The following are situations that should lead to a court case:

  • The insurer is denying liability or claiming you were partially liable
  • The insurer challenges the extent of your losses or is claiming you suffered from a pre-existing condition
  • You settled with the liability carrier but your underinsured motorist coverage is refusing to pay the full value of your claim
  • The insurer denied your claim in bad faith

Contact a personal injury attorney at Banks, Stubbs & McFarland LLP today to schedule a free consultation. You can sit down and discuss the facts of your case with an attorney and learn the best course of action to pursue. An attorney may advise you on ways to document your injuries with an aim towards settlement or take the case to trial. In any case, having a personal injury attorney advise you can help you achieve advantageous results while saving you time and money.

Speak with a Cumming Personal Injury Lawyer About Taking a Case To Court

Before you think about taking your case to court you need to consider all the evidence you have and the strengths and weaknesses of that evidence. Our attorneys at Banks, Stubbs & McFarland LLP can help you determine whether you need to gather more substantial evidence regarding your personal injury claim before taking your case to court. Contact us today.