Reasons Your Personal Injury Case Might Go to Court

January 14, 2014

Most car accident cases don’t go to court. Even when litigation becomes a probability, many settle before trial. And although it’s not the ideal way to pursue compensation, going to court might be the only option.

Reasons a Personal Injury Case Goes to Court: Denial of Fault

A common reason for going to court is that the other driver or the driver’s insurance company denies responsibility for the accident. This can happen even when the other driver was clearly at fault, such as if the police officer who responds to the crash issues a citation to the other driver for going 30 miles over the speed limit and running a red light at Lincoln Highway and Broadway in Merrillville.

Reasons a Personal Injury Case Goes to Court: Dispute about Partial Fault

Another reason is that the insurance company may try to place partial blame for the accident on you. If you’re partially to blame, the insurer won’t have to pay the full amount of damages. And if the insurance company can show you were more than half at fault, it could prevent having to pay any compensation per Indiana negligence laws.

Reasons a Personal Injury Case Goes to Court: Pre-existing Injuries

If the insurance company insists that the injuries are pre-existing, it may necessitate going to court. In some cases, previous injuries could be re-aggravated after an accident. Or a pre-existing condition could have nothing do with injuries sustained in the accident. You must establish that the car accident caused your injuries in your court case.

Reasons a Personal Injury Case Goes to Court: Settlement Offer Isn’t Fair

When the insurance company doesn’t treat the victim fairly by offering an amount that doesn’t fully compensate for injuries and damages, this could lead to a trial as well. It’s important to make sure that the settlement offer addresses all current and future costs and losses.

Whatever the reasons, it’s important to be prepared if going to court is the only option. Call the Hensley Legal Group for help with an insurance claim or if you believe your personal injury case is going to go to court. Call us at 888-505-8232.