When a Personal Injury Claim Must Go to Trial

Copyright (c) 2011 Benjamin Glass

A negligence case where you are injured due to the actions or inaction of another party may result in the need to file a personal injury claim. This is an important matter that should not be taken lightly, as it may make the difference between being able to afford to pay for the damages you suffered and being bombarded with medical expenses and lost wages.

When you seek to file a personal injury claim you should first talk to an experienced personal injury attorney. Cases that settle with the help of an attorney often see higher settlements that cover all the damages you are entitled to, rather than the mediocre settlements the insurance companies will offer outright.

Talking to Your Personal Injury Attorney

Choosing a personal injury attorney is no simple task and it shouldn’t be left to the first name that pops up in a Google search or in the phone book. You should find a few attorneys who focus on your type of personal injury and consult with each one to determine their level of experience in your case. Some attorneys go as far as to handle only certain types of personal injury such as motorcycle accidents, dog bites, or child injury.

During your consultation with a personal injury attorney you should ask about their trial history. It’s a myth that every attorney is willing and able to take your personal injury claim to trial as a personal injury lawsuit. Some attorneys even admit they avoid taking cases to trial because they hate being in court – meaning you may miss out on a fair settlement!

The Importance of Personal Injury Trial

When the insurance companies refuse to settle your personal injury claim, or they offer a settlement that is much too low to cover your damages, you may need to take your case to trial. A personal injury claim becomes a personal injury lawsuit when you ask that a judge and jury review the details of your case and determine a settlement.

Your personal injury attorney will be your main manager of court proceedings as you file your lawsuit to pursue a fair settlement for your case. When you bring your personal injury claim to this level you will be appearing before a judge and jury to present the evidence of your claim. They will determine a new settlement offer in relation to the evidence you present in trial and the arguments for and against your case.

Taking your personal injury claim to trial is an important step to receiving fair compensation. Most insurance company settlements are much too low in relation to the price you paid in medical expenses, lost wages, and future expenses, as well as the pain and suffering you experienced. When you have a personal injury attorney on your side, be sure that they are genuinely open to exploring the option of going to trial in pursuit of fair compensation.

Ben Glass is a personal injury attorney in Fairfax, Virginia. He is a frequent speaker on personal injury topics. Accident victims can download 31 Tips for Handling Your Own Virginia Accident Case at 31TipsFromBen.com
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