Taking your car accident injury claim to trial can be risky
Taking your car accident injury claim to trial can be risky. Sometimes, you have no choice, because the insurance company is denying liability, or the offer to settle is less than your medical bills.
Sometimes, you may decide to file suit because you want more money than the insurance company is offering. But, before you file a lawsuit, take the time to discuss with your attorney the risks of taking your case to trial.
Attorneys tend to only report the victories they achieved. This is misleading. Any attorney that considers themselves a trial lawyer, knows that you win and lose cases. No one has a perfect record.
As a personal injury litigation firm, we aren't afraid to take cases to trial. But, it's important to understand that litigating cases in court carry a certain amount of risk. So, how do you know when to take your case to trial.
Our firm tried a car accident case in the district court. The client's medical bills were about $7,000.00. State Farm offered to settle the case for a little more than $11,000.00. In this case, our firm and the client considered the offer low.
So, we filed a lawsuit in the district court for $15,000.00. We filed for $15,000.00 in order to keep the case expenses low and take advantage of an evidence rule that allows us to not have to call a medical doctor as an expert.
Surprisingly, State Farm denied liability after we filed the lawsuit even though they had already made an offer to settle and paid the total loss of our client's car. These are the "good neighbors" at State Farm.
At court, we prevailed on the liability because State Farm stipulated that the accident was their fault after our firm subpoenaed an independent witness that saw the accident.
During the trial, our client and his wife testified about their experience after the car accident. Our client injured their back, neck, missed work, and was unable to help around the house with their newborn twins for almost two months.
Unfortunately, the judge did not believe that our client was injured that bad. The judge awarded a verdict of a little more than $9,000.00. So, our client actually got less than the settlement offer.
This a risk of taking your case to trial. You could get more, but you can also get less.
Should experiences like this discourage you from taking your case to trial? No. But, you need to understand that there are so many wild cards and unknowns that go along with trying a personal injury case. Sometimes, the decision is easy. Other times, not so much.
Sometimes, the outcome is great! Other times, it is disappointing. Work with your attorney to decide the best course of action for your personal injury case.
Call the Law Office of Ross W. Albers for a Free Consultation
If you are concerned that the insurance company is taking advantage of you, then do not hesitate to contact the Law Office of Ross W. Albers to discuss your automobile accident case. We help our clients through all the phases of the claim and litigation process, including dealing with the insurance company. Contact our office today for a free consultation.