The Roch Law Firm, P.C.

What Factors Can Cause My Claim To Go Into Litigation?


Some of the factors that can lead to a case going to litigation can be the severity of the collision, the type of care that you receive, and the location of the collision, in other words, which county the collision occurred as well as the county where the collision will be litigated. Some counties are considered to be conservative counties. Those are counties that the insurance companies believe are counties that are difficult counties for plaintiffs to receive fair verdicts in. Those counties are counties that the insurance companies like to litigate in and in those counties, oftentimes, the insurance companies won’t offer a fair value on the cases with the expectation that if the case does proceed forward with the trial then they’ll have a favorable verdict.

In terms of the severity of the collision, generally the cases that we expect to be litigated are cases that are on the two ends of the spectrum. There are cases where there are very minor impact collisions but the person is really hurt or there are cases that are really severe collisions with really severe impacts. The reason for that is that where there is a minor impact but the person is really hurt, the insurance company will argue that the impact isn’t sufficient to cause the injury. The reason why we see the severe impact, severe injury cases being litigated, is simply because for the insurance company there is no harm in litigating them because they know that they’re going to have to pay out one way or the other and they want to put the plaintiff to the test to see if the claim is valid one way or the other. Finally, another factor that can influence whether a case will proceed to litigation is the type of care that the plaintiff receives. A plaintiff that receives primarily chiropractic care or care that is just through a chiropractic provider with no follow-up care from the orthopedic specialist or through another care provider is generally harder to resolve because there is no other independent doctor’s report to base conclusions on other than the chiropractic.

What Should I Be Prepared For If My Injury Claims Goes All The Way To Trial?

For a case to go to trial, that’s going to really depend on the location of where the case is pending. Some jurisdictions take longer to proceed to trial than in other jurisdictions. In general, once a lawsuit is filed, the first phase of a lawsuit is a process called Discovery. Discovery is a process that takes between six months to a year. During that process, the two sides get together and they get to ask each other questions, exchange medical records and other documents and each side gets to interview the other side. That process of interviewing is called Deposition and that takes about six months to a year. Once that happens and the discovery process is concluded, then the case is placed on a trial calendar. Once the case is placed on a trial calendar, the case can take upwards of two months to 12 months to actually reach a jury depending on the location of the trial or depending on the court where the case is tried.

How Does Going To Trial Impact The Overall Cost Of The Personal Injury Process?

To be blunt, trial is very expensive and risky. Many attorneys, including a lot of the attorneys that you see on television, simply do not or will not go to trial. The reason for this is it’s easier to settle a lot of claims for what the insurance company will give you than it is to take a few claims all the way to trial. I’ve always believed that if you’re not prepared for trial then the insurance company knows it. The insurance company knows whether or not when push comes to shove, are you going to take their last best offer or are you going to make them pay for somebody to try their case. If they know that at the end of the day, you’re not going to try the case, then there is no incentive for them to offer you a good settlement in the case. In order to be fully prepared for a trial, even a simple car wreck trial with the rear-end collision, requires several weeks of preparations, depositions, preparation of trial exhibits and in many cases, the deposition of doctor experts. Whether your case is one that would benefit from having a trial versus having a proceeding through settlement is a question that you would need to carefully consider.

For more information on Litigating A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 345-7624 today.

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