HomeLawWhen Can a Personal Injury Case End Up in Litigation?

When Can a Personal Injury Case End Up in Litigation?


In every personal injury case, the parties involved hope to settle the case as quickly as possible. This means both parties want to reach terms and conditions that they can agree upon without going to court. This can happen when they have access to solid legal advice from an experienced personal injury attorney. A court trial is expensive and time-consuming. But if the claim cannot be settled privately, then the victim may have to file a lawsuit in court. Often, parties could not agree on who to blame for the accident or how much compensation the injured party deserves.  A personal injury case can go to litigation because of the following factors:

The Defendant Denies Fault or Liability

If the negligent party in a personal injury case does not admit fault or liability, the victim may need to seek court intervention to secure compensation for their injury and losses. When they file a lawsuit, they must prove the fault or negligence of the other party caused their injury. To win a lawsuit, the elements of negligence must be established by a preponderance of the evidence. 

Several Parties are Involved 

Before a trial, the defendant may make different arguments to disclaim fault and liability. They may shift the blame to other parties. Or they may even assert the victim is partially or fully responsible for the accident. For example, the insurance provider of the at-fault party may allege that the victim drove their car carelessly and cause the crash. If both parties cannot determine fault and liability by themselves, they may have to rely on the skills and expertise of a jury or judge to do it for them. 

Both Parties Differ in How they Value the Claim

Usually, insurance carriers try to limit what they pay for damages to protect their bottom line. However, undervaluing a claim can leave the victim facing short- and long-term financial adversity, particularly if they cannot go to work for a while because of their injuries. A reliable injury lawyer can review the information obtained from video footage, witness statements, and police report to reconstruct the case against the negligent party. But many times, the parties involved may not have the same opinion about the value of the claim. This is when litigation may be necessary.

Whether a personal injury claim gets settled outside of the courtroom or ends up in litigation, a skilled attorney can help the victim protect their rights. They can represent the victim’s interests, ensuring they get fully compensated for what they have to go through. 

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