personal injury trial

Will My Personal Injury Claim Go to Trial?

Commercials for various insurance companies may spout assurances that they will be there for you when you and your family need them the most. You pay your monthly insurance premiums believing this to be true. Unfortunately, many find out the hard way that insurance companies will fight tooth and nail to get out of paying on a claim. Insurance companies are, after all, businesses and, at the end of the day, they will go to great lengths to protect their bottom line. 

While many personal injury claims end up being settled prior to the need to file a lawsuit, some do proceed to trial. While there is no way to know for certain whether your claim will go to trial, there are some factors that may make it more likely. Here, we will discuss what things may contribute to your personal injury claim going to trial.

Will My Personal Injury Claim Go to Trial?

There are certain aspects of a personal injury claim that may make it more likely for it to go to trial. Generally, these reasons will have to do with the complexities of the case that an insurance company will use to try and get out of paying on a claim completely or will use in an attempt to devalue the claim. For instance, if there are liability issues involved in the claim, an insurance company may refuse to pay on the claim or pay much less than what should actually be paid out. Liability issues can be quite complex and require a fact-specific analysis of the details of the accident that led to the personal injury claim. Any gray area in who was at fault for causing an accident will likely be latched onto by the insurance company and used as a reason to undermine the validity of the claims.

Preexisting conditions are also commonly used as a pretext for an insurance company denying a claim or devaluing the claim. While it is not uncommon for a victim in an accident to have preexisting medical conditions, that does not mean that they are not entitled to compensation for the harm caused by the accident. Instead, an insurance company may assert that the medical problems the victim claims were caused by the accident were actually already in existence. This is one reason why thorough medical documentation in your personal injury claim is necessary. Your doctor needs to be clear about what new problems developed due to the accident that was not present prior.

Litigation is also more likely to be necessary in the event that the personal injury claim involves catastrophic injuries. Catastrophic injuries usually involve claims for substantial damage awards. The insurance company will arm themselves with their vast resources to try and undermine the claim at every turn. They want to get out of paying as much as possible and there is a great deal of money usually at stake in these kinds of claims.

Personal Injury Attorneys

The team at SoCal Injury Lawyers stands up to the big insurance companies. We remain committed to fighting for you, our client, to help make sure you are properly compensated for the harm you have suffered. Contact us today