Before taking a closer look at the reasons personal injury claims might go to court, we want to emphasize that trials are a rarity for Boulton Law Group’s clients.
In fact, approximately 95% of the injury cases we handle will settle in what is known as the “pre-litigation” phase.
Cases that settle in pre-litigation do not require a lawsuit to be filed. Instead, it means the insurance company has met our demands and issued a settlement check that equals or exceeds our client’s authorization without the need for court dates and a jury trial.
However, there are those rare times when the insurance company refuses to play fair. In these instances, it may be more beneficial to file a lawsuit on behalf of our client and allow a jury to weigh the evidence for an unbiased decision.
Below, we take a look at the reasons a personal injury case might go to trial.
Top 3 Reasons Personal Injury Claims Go to Court
1.) Low or Unfair Settlement Offer
Attorney Boulton has been helping injured Hoosiers for more than 20 years. There is very little that he has not seen with regard to injuries and accidents. With this in mind, he fully understands the value of personal injury claims, including the present and future costs and losses the client may incur.
When an insurance company undervalues a client’s case, Boulton Law Group can employ a number of tactics to encourage them to reassess our request for compensation. For example, we may call on medical experts and/or submit historical data for similar claims that support our demand.
At this point, if the insurance company still refuses to increase its offer, we may recommend to our client that a lawsuit be filed on their behalf.
2.) Disagreement Over Fault or Liability
Whether it be accident scene evidence, witness statements, or an Indiana crash report, we are typically able to secure clear and indisputable evidence that clears our client of any wrongdoing for an accident.
However, there are also rare instances in which the insurance company will view things differently and believe our client is at fault. This is especially true in cases that traditionally have complicated or difficult liability factors associated with them, such as slip and fall claims.
If, after viewing all the evidence supplied to them by our law firm, the insurance company refuses to accept fault for the accident, we may recommend filing a lawsuit so that the facts can be heard in court.
3.) Pre-existing Injuries
It is not uncommon for us to learn that our clients have suffered from pre-existing injuries, whether it be tendonitis from an old sports injury or a tweaked back from a work-related incident, etc.
Unfortunately, the insurance company will scour medical records looking for these types of past injuries. They do this in an attempt to dismiss or devalue a person’s case on the grounds that the injuries from their most recent accident are the re-emergence or exasperation of a pre-existing condition.
(Insurance companies will ask accident victims to sign an authorization that allows them to order medical records related to the accident AND documents that detail the person’s medical history.)
In many instances, Boulton Law Group is able to overcome the insurance company’s attempt to dismiss an injury claim due to pre-existing injuries, however, there are times when a client’s medical history may be especially complicated and a trial best enables us to tell your story.
What to Expect at a Personal Injury Trial
If you are one of the few clients whose case we believe will benefit from a trial, do not worry!
Television and movies have done a great job of leading many people to believe that trials are glamorous and/or filled with shouting and drama. In reality, the majority of personal injury trials are rather uneventful and full of administrative procedures–hardly the stuff of novels!
Before you enter the courtroom, attorney Boulton will have fully prepared you on what to expect. This includes all aspects of the trial, including:
- Selecting a jury
- Opening statements
- Common trial procedures
- Closing arguments
Ultimately, Boulton Law Group clients are fully versed in trial etiquette so that their case has the best possible chance of being victorious.
Contact a Top-Rated Indianapolis Personal Injury Attorney
Despite settling the majority of his clients’ cases with the need for a lawsuit, attorney Matt Boulton is also a trial-tested veteran, having successfully litigated against insurance giants such as State Farm, Allstate, Geico, among many others.
If you believe the insurance company has undervalued your personal injury claim, we recommend that you contact an experienced Indiana injury attorney to provide you with a free review of your case.
Boulton Law Group offers a Zero Fee Guarantee to all personal injury victims throughout the state of Indiana. This means that you will never be charged for a consultation, and you owe us nothing unless we win your case.
To speak to Matt today, call 317-350-2680, or if you prefer to receive a free online case review, write to us by using our confidential contact form. Matt personally reviews all website inquiries at zero cost.
We look forward to hearing your story!
Attorney Matt Boulton is an award-winning personal injury attorney with more than 20 years of experience helping seriously injured people throughout Indiana reclaim what was taken from them. His firm was created for for the client who expects exceptional service and passionate, successful legal representation.