A lot of people associate personal injury claims with courtroom trials. But this hardly occurs. The majority of such claims get settled outside of a courtroom. Often, avoiding trial can save the parties involved money and time and provide them with more control over the outcome of the case. However, some claimants may decide to take their case to court if they think they deserve more compensation than what they can get out of a settlement.
Under the personal injury law in Utah, a trial can occur if both parties do not agree on the specifics of the case and take it to court where a judge or jury decides who deserves what. In this case, claimants should seek legal advice to increase their chances of securing fair compensation. A personal injury trial can take place due to the following reasons:
There is a Dispute in Liability
A liability dispute happens when the at-fault party or their insurer asserts they are not responsible for the accident and shifts the blame on the claimant. Also, such a dispute can happen if the other party has different views on major issues.
Often, because settlements depend on both parties agreeing with each other, such disputes increase the likelihood of the case ending up in court. When this occurs, a jury will hear each side and assign fault according to the evidence and facts presented before them.
The Parties Disagree on Settlement Amount
Even if the parties involved agree on the fault, they may disagree on the claim’s estimated value. The insurer of the defendant will try to downplay your damages to save money. An attorney can convince the insurer to make fair settlement offers. Unfortunately, some insurance providers may not agree to settle out of court. This is when the case goes to court. These situations are common in accidents that involve debilitating or permanent injuries. These injuries deserve more compensation than what the insurer wants to pay.
You Seek Extra Damages
Pressing for damages can mean the other party won’t offer money, particularly when pushed further. The amount they offer may not be able to cover all your damages like medical expenses, mental anguish, and lost wages. If you need to seek more damages, take your case to court. If a jury or judge rules in your favor, you can get a higher award or compensation than what the insurer would have provided.
Your Lawyer Believes You Can Win in Court
If you have a strong case with enough evidence in your favor, your attorney may be confident that you can win a favorable court verdict. If a judge rules in your favor, you may get extra damages. To determine your likelihood of winning in court, your attorney will evaluate the evidence available, investigate your case, and speak with expert witnesses.
The Insurance Company Has a Bad Faith Insurance Practice
Some insurance companies may try to ignore their clients and refuse to pay a legal claim. These companies may handle claims dishonestly to maximize their savings. This is known as bad faith insurance.
If you have been a victim of this insurance practice, your attorney may take your case to trial. This will force the insurer to pay the maximum value of your claims based on your injuries and losses.
You Want the Defendant to be Punished for their Actions
You may want to take your case to court to reveal the defendant’s misconduct. For instance, if you sustained injuries due to medical negligence, you may request a court trial to make a statement despite getting a fair settlement offer. This is meant to punish the defendant for their actions and deter them from engaging in the same conduct again.
