After a car accident, the road to recovery often involves dealing with insurance companies. Most claims settle through negotiation, but sometimes a fair deal seems out of reach. That’s when the path to justice might lead to the courtroom. Taking your car accident claim to court, also known as litigation, is a big decision, but it can be the key to getting the compensation you truly deserve.
In this blog post, we’ll explore the ins and outs of litigation, helping you understand when it’s the right move and what to expect along the way.
When to Consider Litigation
Here’s when to consider litigation.
Insufficient Settlement Offer
Corey Schafer, SEO Specialist at Florin|Roebig says, “One of the most common reasons to consider litigation is when the insurance company’s settlement offer falls far short of covering your actual losses. Insurance companies are businesses, and their goal is to minimize payouts. They may try to.
- Downplay your injuries: They might argue that your injuries aren’t as severe as you claim or that they were pre-existing.
- Shift blame: They may try to pin some of the blame on you, even if the other driver was clearly at fault.
- Offer a quick, low settlement: They pressure you to accept a quick settlement before you fully understand the extent of your damages or have consulted with an attorney.”
Suppose you feel the insurance company’s offer doesn’t adequately compensate you for your medical bills, lost wages, pain and suffering, and other losses. In that case, it’s time to consider taking your case to court. Litigation allows you to present your case to a judge or jury who can determine the true value of your claim and award you fair compensation. And here, a car accident lawyer will be instrumental in fighting for your deserved compensation.
Disputed Liability
Even in straightforward accidents, determining who’s at fault isn’t always black and white. If the other driver denies responsibility or the insurance company disputes your version of events, you might find yourself in a situation of disputed liability.
The Battle of Perspectives
Disputes can arise for various reasons
- Conflicting accounts: The other driver might have a different recollection of how the accident happened.
- Lack of witnesses: If there were no witnesses, it becomes a “he said, she said” scenario, making it harder to establish fault definitively.
- Ambiguous evidence: Sometimes, the physical evidence at the scene may not clearly point to one driver or the other.
- Complex traffic laws: Interpreting traffic laws can be tricky, leading to disagreements about right-of-way or who violated specific rules.
Litigation as the Tiebreaker
When negotiations stall due to disputed liability, litigation may be the only way to resolve the matter. Here’s why.
- Access to Discovery: The discovery process in litigation allows both sides to gather additional evidence, such as expert witness testimony, accident reconstruction reports, and further witness statements. This can help shed light on the true cause of the accident and identify the at-fault party.
- Objective Decision-Maker: A judge or jury will weigh the evidence presented by both sides and make an impartial decision about liability. This removes the stalemate caused by conflicting accounts and ensures that the responsible party is held accountable.
Proving Your Case
In cases of disputed liability, having strong evidence becomes even more crucial. Your Panama City auto injury attorney will work tirelessly to build a compelling case by.
- Investigate thoroughly: They’ll leave no stone unturned in gathering evidence, including interviewing witnesses, reviewing police reports, and consulting with experts.
- Present a persuasive argument: They’ll craft a strong legal argument demonstrating why the other driver was negligent and how their actions directly caused the accident and your injuries.
Severe Injuries or Damages
When a car accident results in catastrophic injuries, permanent disability, or the tragic loss of a loved one, the financial and emotional consequences can be overwhelming. In such cases, the insurance company’s settlement offer may pale in comparison to the lifelong impact of the accident.
Litigation becomes a crucial avenue for seeking justice and securing the substantial compensation needed to cover extensive medical treatments, long-term care, lost earning capacity, and the immeasurable pain and suffering endured.
Bad Faith Insurance Practices
While insurance companies are expected to act in good faith when handling claims, sometimes they engage in unfair or deceptive practices to avoid paying what their policyholders rightfully deserve. These bad faith tactics can range from unreasonable delays and lowball offers to outright denials of valid claims.
If you suspect the insurance company is acting in bad faith, litigation is necessary to hold them accountable and compel them to fulfill their obligations.
Unreasonable Demands from the Other Party
Sometimes, even with clear liability, the opposing party or their insurance company may make unreasonable demands or refuse to negotiate in good faith. They might insist you were more at fault than you were, or they may drastically undervalue your damages.
When faced with such intransigence, litigation might be the only way to break the deadlock. It provides a neutral forum where a judge or jury can assess the facts and render a fair decision, which forces the other party to face reality and accept a more reasonable outcome.
The Pros and Cons of Litigation
Deciding whether to take your car accident case to court is a great decision with both benefits and drawbacks. First, talk about the pros.
Pros of Litigation
Here are the benefits you’ll get.
Potential for Higher Compensation
If negotiations with the insurance company stall or result in an unsatisfactory offer, litigation can open the door to a larger settlement or jury award. A judge or jury may be more sympathetic to your situation and award you full compensation for your injuries and losses.
Hold Negligent Parties Accountable
Litigation ensures that those responsible for your accident face consequences for their actions. This can provide a sense of justice and closure — especially in cases where the other party refuses to accept responsibility.
Send a Message
Taking your case to court sends a strong message to insurance companies that you’re serious about seeking fair compensation and won’t be bullied into accepting a lowball offer.
Access to Formal Discovery
Litigation provides a formal process for gathering evidence and information from the other party, which can strengthen your case and expose any weaknesses in their defense.
Cons of Litigation
Here’s the dark side.
Time-Consuming and Expensive
Lawsuits can take months or even years to resolve, and legal fees can add up. It’s important to be prepared for a lengthy process and potential financial burden.
Uncertain Outcome: While litigation offers the potential for a higher payout, there’s also the risk of receiving less than you would have in a settlement or even losing the case altogether.
Stressful and Emotionally Draining
Going to court can be a stressful and emotionally taxing experience, requiring you to relive the accident and face the at-fault party.
Public Nature of Court Proceedings
Court proceedings are generally open to the public, meaning your personal information and details of the accident may become public record.
Final Thoughts
Deciding whether to take your car accident case to court is a pivotal moment. It’s about weighing the potential for greater compensation against the time, expense, and uncertainty of litigation. If negotiations have stalled, liability is disputed, or the stakes are simply too high — litigation can be the only path to justice.
You don’t have to navigate this decision alone. Consult an experienced attorney who can assess your situation, explain your options, and guide you towards the best possible outcome. Whether through settlement or trial, your goal remains the same — securing the compensation you need to move forward.
