When a personal injury is caused by another person’s negligence, it can be permanently life-changing. Oftentimes, a victim is no longer able to work and support their family and/or is dealing with dangerous health issues with medical bills piling up around them. One of the most common complaints from personal injury victims is how long it takes from the time of the injury to the time they are finally compensated. While the vast majority of personal injury claims are settled before they ever reach trial, there are certain times when a plaintiff must take a defendant to court in order to receive the monetary compensation they deserve.
Such examples of when a plaintiff must take a defendant to court may include:
• When a defendant won’t offer a settlement
• When a defendant offers an unreasonable settlement
• When significant punitive damages are at stake
Approaching the Statute of Limitations
In some cases, settlement negotiations can drag on and on for so long that they approach the statute of limitations for filing of a claim. In cases such as these, plaintiffs should not hesitate to file their lawsuit; even if they are still involved in negotiations with the defendant. Negotiations can always continue after the lawsuit is filed, but if a claim is not filed before the statue of limitations is reached, the victim may forever be barred from making a claim. Unfortunately, insurance companies and defendants often know this and try to drag things out. Once a plaintiff is unable to sue, there is therefore no reason for the insurer or defendant to give anything.
Sometimes there is simply no way to resolve an injury case fairly without involving the court. A trial is a great bet in cases where the defendant won’t offer a reasonable settlement despite there being a clear liability of the defendant, the damages are well documented and there is a history of relevant jury verdicts.
Expert Personal Injury Representation
An experienced law firm like Dyer and Libby Attorneys at Law are very valuable when it comes to weighing all the considerations to help our clients make informed decisions. Our personal injury attorneys have the knowledge and experience you need to get you the fair compensation you deserve. From investigating your claim (obtaining accident reports, witness statements, insurance information and medical records), determining how much your lawsuit is worth to attempting to settle with the defendant’s insurance company. If you have a personal injury caused by the negligent actions of another person, contact Dyer and Libby today!