Personal injury claims are a dime a dozen. Or are they? Personal injury lawyers, such as the St Louis personal injury lawyer, will tell you that the vast majority of personal injury cases never make it to court. Why is that? What types of personal injury cases make it to court? And what kind of proof do you need to win your case? Read on to find out.
Out of Court Settlements
Most personal injury cases are settled out of court. This is because personal injury cases can be expensive to litigate, and the parties involved in the case often want to avoid a long and costly court battle. However, some personal injury claims will make it to court. The rewards can be great for those who fight for what they are entitled to, using personal injury lawyers and other legal representatives.
The most common types of personal injury claims that make it to court are:
Cases Where the Defendant Denies Liability
If the defendant in a personal injury case denies that they are liable for the injuries, then the case will likely go to court. The plaintiff will need to prove that the defendant is liable to win their case.
This is where proof of injury becomes important. You want to prove the extent of injuries to claim the maximum compensation. Medical evidence and photos can show clearly the injuries sustained as a result of another’s negligence. They are excellent at showing just how bad the injuries were at the time. It can be many months before a court appearance, and by then, injuries will not perhaps look as bad or even be evident.
Liability is about having witnesses to the accident, which you should try to get at the time if at all possible. Without evidence of the person causing the incident, a court case has nowhere to go.
Cases Where There Is a Dispute Over Damages
Another common reason personal injury cases go to court is that there is a dispute over the sum of damages that should be awarded. If the parties cannot agree on an appropriate amount of damages, then the case will likely need to be decided by a judge or jury.
The evidence of physical injury will be taken into account as well as the trauma suffered by an injured party. There are typical amounts awarded for certain injuries, which personal injury lawyers will be aware of. Then many other factors personal to the individual will be considered, such as lost earnings concerning their particular profession, how they were affected mentally, and any medical bills.
Cases Where the Defendant Has No Insurance
If the defendant in a personal injury case does not have insurance, then the plaintiff may need to go to court to get the compensation they deserve. This is because most personal injury settlements are paid out by insurance companies.
In most cases, lawyers will be doing battle with insurance companies that are doing their best to reduce the settlements that they are paying. This is why it is important to hire an experienced lawyer at least on a par with the legal team that the insurance company will have working for them. It is about justice and achieving fair settlements for clients at the end of the day. Money can compensate for lots of things and is a must for those struggling with finances after an accident has taken away their capacity to earn money temporarily or permanently.
Summing up, while most personal injury cases are settled out of court, some will make it to trial. If you have a personal injury case that you think may go to trial, it is important to speak to a personal injury lawyer to find out more about your case and what you can do to increase your chances of success.