What Factors May Cause My Personal Injury Case To Go To Litigation?

The insurance company speaks through its adjusters and insurance adjusters are human beings who vary greatly in their approaches. There are some who are willing to be reasonable and come to a fair resolution without needing to file a lawsuit. There are also some who are never going to be reasonable and they are not going to make a fair offer, so the only way to get a reasonable offer on your claim is to go ahead and file a lawsuit.

The other factor that can affect whether your case is litigated is whether you are done with your medical treatment. I always advise my clients to be extremely patient in settling their claims because if you settle your claim early, you may have ongoing problems down the road and you are not going to be able to go back and get more money. You want to wait until you are very clear on what your problems are going to be on a forward basis or until you’ve completely resolved all those problems. If you haven’t been able to do that within the two years or the six months you have, then you want to file a lawsuit to preserve your rights while you continue to go and treat.

How Often Do Auto Injury Cases Go To Trial?

Trial is what happens at the very end of the process. Most cases, even the ones that get filed in litigation, do get resolved somewhere along the way. In my experience, less than half of one percent of cases go to trial. I do handle trials but most of the time the case gets resolved before it gets that far.

How Long Do Personal Injury Cases Typically Take To Be Resolved?

The length of a personal injury case will depend on many factors. If it’s a minor injury and the insurance company is being relatively reasonable, you may be able to settle the case within a few months. If you have a more significant injury and if you are not done treating, or if the insurance company isn’t being reasonable, you may file your lawsuit close to two years from the date of the accident. You may be in litigation for another year before it gets resolved. It can get even worse than that. If the other side has only minimal insurance, but you have enough underinsured motorist coverage that you can get more from your own policy later, you may be in litigation for that same year, finally resolve the claim with the other side, and then have to turn around and go after your own policy. That process can take another year to two years, if the insurance company is being unreasonable about it.

Why Would Someone Even Need An Attorney If They’ve Been In A Collision?

You will often need an attorney because the insurance company doesn’t play fair. That’s not how they make their money. They make their money by collecting premiums and doing their best to not pay out on legitimate claims. You arguing with the insurance company by yourself may not be taken very seriously, particularly if you have a significant injury. The attorney is going to be able to put pressure on the insurance company because then they have to face the prospects of the case actually being filed as a lawsuit and getting a negative result from a jury. You are going to get a much better result at the end of the day by hiring an attorney, even though they are going to take a share of your proceeds.

For more information on Litigation Of Personal Injury Claims, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (408) 687-9155 today.