If you are injured due to someone else’s actions or negligence, you may be considering filing a personal injury claim to pay for medical bills and other damages you incurred as a result of the accident. If you’re pursuing an injury claim, you’ll either reach a settlement with the other party’s insurance company or you’ll argue your case in court before a judge or jury. In today’s blog, we take a look at some of the benefits of skipping a settlement and litigating your case in court.
The Benefits Of Taking Your Personal Injury Case To Court
There are some obvious benefits to settling your case early, but that doesn’t mean it’s the optimal route to go. You’ll have access to your award sooner and may experience a little less stress along the way, but oftentimes the benefits of taking your case to court (or giving the appearance that you’re serious about taking the case to court to kick the insurance company’s offer up a notch) outweigh the benefits of settling early. Here are some of the benefits of litigating your personal injury case in court.
There Are Clear Rules – One nice thing about having your case heard in court is that there are clear rules and procedures that need to be followed. Settling out of court can allow the other party to shirk some of their responsibilities, cut corners or minimize their role in the situation. In court, all the facts will come to light and the proceedings will be conducted by the book.
Newly Established Case Law – Rulings are typically made based on the facts of the case and established case law, which aren’t always accounted for in an out of court settlement. If you take your case to court, you’ll be able to rely on previous precedents that have been set that can assist in making your case. No two cases are the same, so it’s possible that your case could end up being the precedent for someone else looking to win a case down the road! There can be a lot of things open to interpretation during a settlement, which is why established case law can be beneficial when litigating your case.
Higher Awards – Arguing your case in court isn’t a sure thing, but oftentimes it can result in a much higher payday than you were offered by the insurance company in a settlement offer. Insurance companies love to prey on individuals without experience who are trying to win an award, so oftentimes their first offers are much lower than what they truly should have to pay. Don’t jump at the first offer just to put an end to your case, because you could be leaving a huge payday on the table by not considering litigation.
The Public Eye – Many companies and even some individuals have a vested interest in keeping their name out of the spotlight. They might try to rush you to a settlement that involves them accepting no liability and keeping their name out of the papers. Taking your case to court, or taking the steps to move ahead with litigation, can oftentimes light a fire under their insurance company that you mean business, which can significantly increase your settlement offer.
Can’t Be Ignored – Finally, an insurance company may try to drag out the process and force you into considering a settlement offer that you’d rather not accept. But if you take your case to court, they’ll have to hear you out. They can’t ignore your lawsuit and they don’t get to dictate the terms of the proceedings. They may not take you seriously, but the court will take your case seriously, and that can help you get the justice you deserve.
If you’re considering taking your case to court, please don’t do it alone. The insurance company will have an army of lawyers on their side, and you’ll need to have an expert in your corner if you want any hope of a fair outcome. Bring your case to a lawyer like Dean Margolis, let him build a strong claim, and if the case needs to go to trial, trust that you’re in good hands. We’ve achieved great outcomes in court for countless clients who were pressured by the insurance company to settle early, and we know that we can get you the compensation you deserve. For more information, or to learn more about your legal options after a personal injury accident, reach out to Dean and the team at Margolis Law Firm today.
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