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When Might an Attorney Recommend Filing a Lawsuit?

Posted on behalf of Phillips Law Group on May 12, 2021 in Personal Injury

table with gavel in attorney's officeYou may have heard that most personal injury claims are resolved through an insurance company settlement. This is not a generalization, as most experienced attorneys would tell you the same thing. Odds are you will not need to file a lawsuit or go to court to pursue compensation.

However, there are times when it may be necessary to go to court, and your attorney may recommend doing so. Below, review some of the common reasons why injury claims may end up in court.

If you have questions about your claim, including whether you may need to go to court, the experienced attorneys at Phillips Law Group are here to help. Our firm has helped tens of thousands of injury victims over more than 28 years in the state of Arizona.

An initial consultation is free and comes with no obligation to hire our firm to help you seek compensation.

Why Personal Injury Lawsuits Might Be Filed

Typically, lawsuits are filed when the victim’s attorney and the insurance company cannot reach an agreement on a settlement. The insurance company may have denied the claim and be unwilling to change its position, or the insurance company may be offering much less than the attorney is seeking.

Pros and Cons of Going to Court

There is an incentive for both sides to settle instead of filing a lawsuit, as this adds extra time and expense to the process. However, if the attorney thinks he or she has a strong case and believes a jury is likely to agree, going to court may be a good idea for the victim.

That said, it is possible the victim may get nothing. It is important to find an experienced Phoenix personal injury lawyer with a history of results. You want to be able to trust your lawyer’s opinion about going to court or agreeing to a settlement.

While the jury may reach a verdict that favors the insurance company, if it does not, the insurance company may end up paying out much more compensation than it would have in a settlement. The insurance company would also be paying lawyers to represent them in court.

Suing When You Have Significant Injuries

If you were permanently injured in the accident, you may need medical care for the rest of your life. For example, a spinal cord injury could leave the victim confined to a wheelchair and require prescription medications and physical therapy to manage pain and other symptoms. Often, the cost of past and future treatment for a permanent injury comes close to or exceeds the limits of an insurance policy.

In these types of situations, filing a lawsuit may make a lot of sense, as it may be very difficult to get the insurance company to agree to pay the policy limit. Filing a lawsuit may be the only way to obtain more than the policy limit.

Disputes About Fault

There are times when both the victim and the other party bear fault for the victim’s injuries. However, you may be surprised to learn the reasons why insurance companies claim victims may be at fault for their injuries. Insurance companies often do not have much evidence to back up their claims. If you said you were in a rush, the insurance company may say you were speeding, which makes you partially at fault.

Even if your attorney presents strong evidence of the other driver’s negligence that refutes claims about your role in the crash, the insurance company may not budge. It may deny your claim or assign you an unreasonable amount of fault.

Arizona law says victims who bear fault for their injuries may see their compensation awards reduced by their percentage of fault. Insurance companies are looking for any way to avoid paying full compensation to accident victims. That is why they often try to apply this law.  

Your lawyer may recommend filing a lawsuit to challenge claims about your fault in front of a jury, particularly if he or she has strong evidence to back up your side of the story.

Does Filing a Lawsuit Always Result in Going to Court? 

No, filing a lawsuit does not always result in going to court and going through a trial. Filing a lawsuit might cause the insurance company to make a better settlement offer, particularly as the trial date nears.

One thing you should know about insurance companies is they know the attorneys that often take cases to court and the ones that rarely or never do. If you are being represented by an attorney that rarely takes cases to court, the insurance company may be less likely to make a good offer. The insurance company may believe there is little chance of the victim filing a lawsuit.

Even though you may not like the idea of ending up in court, you should strongly consider hiring a lawyer who regularly takes cases to court. This may provide motivation to the insurance company to make a good offer to avoid the courtroom.  

At Phillips Law Group, we are prepared to manage every step of the negotiation process and the process of filing a lawsuit. We understand the thought of going through the legal process is stressful for accident victims. We want you to be able to focus on recovering from your injuries while we deal with the insurance company and the other legal issues that may arise.

Need Help After an Accident? Phillips Law Group is Ready to Take Your Call

There is no cost or obligation to meet with us after an accident. The initial meeting with one of our licensed lawyers is free and you are not required to hire our firm if we find you may have a case.

We understand you may have many questions, as we have assisted thousands of injury victims. We are here not only to provide answers but to discuss how we may be able to assist you during this difficult time.

While recovering compensation cannot change what occurred, we know how important a recovery can be as victims often struggle with medical bills and other related expenses.  

Free consultation. No upfront fees. Call us today: 1-800-706-3000.

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