Will My Personal Injury Claim Go to Court?

One concern many people have when filing a personal injury claim is whether they will need to go to court to prove their case. Most of the time, you will not. However, there are some situations in which a dispute cannot be settled and must be decided by a judge or jury.

So, will your personal injury claim go to court? To find out, meet with a Nashville personal injury lawyer who can offer better, personalized insight. However, several factors should be kept in mind.

There Are Times When Going to Court Makes Sense

In the vast majority of personal injury claims, the insurance company comes to an agreement with you about your losses. That means they settle with you and pay you what you are owed. However, there are some situations where your case may go to court, and it makes sense to do so:

• Low-balling you. The insurance company may try to limit your compensation significantly. If they refuse to negotiate fairly and their settlement offer is very low, you could end up in court.
• Liability is disputed. If, for some reason, the other party believes they are not at fault or the percentage of fault attributed to them is not accurately represented, you may end up in court. A judge or jury may have to decide who is at fault and, therefore, who should pay for the losses.
• You have serious injuries. If you have severe injuries, including catastrophic injuries or injuries that will take a long time and multiple procedures to heal, going to court could be a better route. This can help you obtain a higher verdict in the case.

In these situations, it is wise to work with your accident lawyer to understand better why you should go to court as well as what evidence and data may help to uphold your claims. Your accident lawyer in Nashville will want to examine a wide range of factors to determine that information.

The Benefits of Settling Your Case

When possible, settling your accident tends to be the better option. One reason is that settling out of court is far less expensive and time-consuming. That means lower legal fees you have to pay out of your settlement and reduced overall court expenses. It also means getting the money you need sooner. Cases that go to court can take a couple of years or more to resolve.

Settling out of court also gives you more control. You can have more input on what the settlement will include. This allows you to have more control over what you receive and other components of this legal process. There may be times when you need this control to achieve a better outcome for yourself.

Not Sure? Your Lawyer Will Help You

In most cases, you will work with an attorney to handle the insurance company claim process. If the insurance company fails to provide you with fair compensation, filing a lawsuit is the next step. Keep in mind that the Tennessee statute of limitations for filing a lawsuit for personal injury is as little as one year.

Our legal team at Selvidge Injury Law will work with you to determine what is ideal in your situation. Set up a free consultation to find out how we can help you.