Most car crash cases settle at some point before the case is scheduled for a trial. Some cases settle in pre-litigation while others can take months of aggressive litigation before the insurance company for the negligent driver agrees to a reasonable settlement. But this does not happen in all cases. If the negligent driver’s insurance company is not offering you what you deserve, you are not alone, and it does not necessarily mean that you have a weak case against the other driver.
Reasons Why You May Need to Let a Jury Decide Your Case
The reasons any one case goes to trial instead of being settled will depend on the specific facts in the case and the overall strengths and weaknesses of the victim’s claim. However, these factors could make it more likely that your case would be decided by a jury:
- Unreasonable insurance company. Sometimes the insurance adjuster for the negligent driver will dig in his heels and refuse to settle for what your case is worth. Even an experienced attorney cannot always convince the other party to be reasonable. If you receive a low-ball offer, your attorney could recommend taking your case to trial instead.
- Minimal property damage. Even when there is minimal damage to a vehicle in a crash, a victim can suffer long-term injuries like neck, back, and spine injuries, broken bones, or traumatic brain injury. However, insurance companies often fight these cases harder, arguing that the victim could not have suffered such serious injuries.
- Pre-existing injuries. If you had a pre-existing injury to the same body part, the insurance company will most likely claim that it was the cause of your current injuries. If you have had significant treatment for the same problem in the past, your attorney will have a much harder time settling your case, and you may have to let a jury decide your case.
- Delays in medical care or lack of follow-up. If you failed to obtain prompt medical care or did not follow your doctor’s advice regarding medical treatment, this could increase your chances that your case will go to trial. The insurance company will use this fact to try to claim you were not really injured. This can be a real issue if you waited a month or more to see a doctor or long periods went by when you were not seeking medical care.
- Issues of fault. In some cases, fault is in dispute. If there are serious questions about who caused the crash or your role in causing it, you may not receive a reasonable offer from the insurance company or they could refuse to settle at all.
You do not want to agree to accept less than your claim is worth just for the sake of settling it. At the Hart Law Firm, we are not afraid to take our client’s cases to trial when the insurance company refuses to be reasonable. Start an online chat today to schedule a free, no obligation consultation.