When people think about injury lawsuits, they have nightmares about long court cases building on the stress and pain they’re already facing. They wonder if that’s their only option, especially when the insurance company tries to challenge their claim and refuse payment.
In general, the good news is that for the most part these cases never go to court, nor should they have to. Read about the process of an injury lawsuit, how it usually proceeds, and why it’s usually not in anyone’s best interest to take it all the way to court.
How Injury Lawsuit Proceeds
When you’re hurt and it’s someone else’s fault, you need to be able to demonstrate negligence. This means that someone else was acting in a way contrary to the way a reasonable person would act in a given situation, that their behavior resulted in an accident and that accident caused your injury.
The case begins when you file an injury lawsuit and issue a demand letter outlining the pain you’ve suffered, your costs and the compensation you expect to receive. After this, the insurance company will try to punch holes in your case and either refuse payment or make a (usually very low) counteroffer. From there it’s a circumstance of back-and-forth until your attorneys and those of the insurer arrive at a mutually-acceptable settlement.
Why Cases Don’t Go to Court
It’s very rare for a lawsuit to actually progress to court. There are a number of reasons for this, not the least of which is that it’s not beneficial for either side to end up before a judge. Doing so can be expensive and cost a great deal in terms of losing control of your settlement, as well as drag things out for years.
All or Nothing
In essence, a court case is a situation of “all or nothing.” That means that a judge is either going to issue the prosecution everything they ask for, or nothing at all. Both sides stand to lose a great deal in such a circumstance.
The Cost of Court
In addition, court cases can be very costly, especially for the loser. Even if your attorney is working on contingency as most personal injury lawyers do, you’ll still have to pay potentially expensive court fees if you lose the case. If the defendant loses, they’ll have to pay those fees plus your compensatory demands.
Dragging out the Case
Finally, when you go to court after the judge issues a verdict that doesn’t necessarily mean the end of things. Both you and the defendant can appeal the decision, and the appeals process can take months or even years, meaning expenses rise and worse, it could be a long time before you see any money.
Colorado Personal Injury Attorneys
Your best bet, not only to win your case but to ensure it doesn’t go to court, is to call upon a Colorado personal injury lawyer for help. Injury lawyers are experienced at negotiation and in protecting your rights the entire way. If you’ve been hurt and need help with your case, call the lawyers at Heuser & Heuser today. Let us get you started on the road to compensation.