Setareh Law
December 28, 2024
When you file a personal injury claim or an insurance claim, you will either settle or go to trial. If the defendant’s insurance company fails to meet the standards outlined in your settlement, there’s a strong chance your case will go to court. Conversely, if all settlement requirements are met, you won’t go to trial. For most people, going to court is unfavorable in comparison to reaching a settlement. Consulting with a personal injury lawyer is the best way to determine the best course of action for your case. If you are filing a personal injury claim, here are some things to know about settlements and court trials.
Understanding Why Your Personal Injury Claim Was Denied
If your personal injury claim was denied, it’s essential to understand the reason behind the denial. Insurance companies may deny claims for various reasons, including lack of evidence, missed deadlines, or disputes over fault or liability. Reviewing the denial letter carefully can help you identify the specific reason for the denial.
Common reasons for denial include insufficient medical evidence, failure to report the incident in a timely manner, or the insurance company arguing that the injury was pre-existing. If you believe the denial was a mistake or unjust, you are not alone. Many personal injury victims face denials that are based on technicalities, incomplete information, or disputes over the facts of the case.
Reasons for Denial and Next Steps
Understanding the reason for the denial is crucial in determining the next steps to take. If the denial is based on a technicality, you may be able to appeal the decision by providing additional documentation or evidence. If the denial is based on a dispute over fault or liability, you may need to gather more evidence to support your claim.
In some cases, the insurance company may have acted in bad faith, and you may be able to file a lawsuit against them. Consulting with a personal injury lawyer can help you determine the best course of action and ensure that your rights are protected.
Appealing the Insurer’s Decision
If your personal injury claim was denied, you have the right to appeal the decision. The appeals process typically involves filing a written appeal with the insurance company, providing additional evidence or documentation, and waiting for a response.
In some cases, you may need to attend a mandatory settlement conference or mediation to resolve the dispute. If the appeal is denied, you may be able to file a lawsuit against the insurance company. It’s essential to have a clear understanding of the appeals process and the deadlines involved to ensure that your rights are protected.
Workers’ Compensation Claims and Denials
Workers’ compensation claims can be complex and involve a series of steps, documentation, and procedural requirements. If your workers’ compensation claim is denied, it’s essential to understand the reason behind the denial. Common reasons for denial include lack of medical evidence, failure to report the injury in a timely manner, or disputes over whether the injury is work-related.
If you believe the denial was a mistake or unjust, you can appeal the decision through the Workers’ Compensation Appeals Board (WCAB). Having a clear understanding of the appeals process and the deadlines involved can increase your chances of success.
Gathering Evidence to Support Your Appeal
Gathering evidence to support your appeal is crucial in increasing your chances of success. Medical records, witness statements, and reports that demonstrate the connection between your injury and your job are essential in supporting your claim. If possible, obtain a written statement from your doctor or treating physician that explicitly states that your injury or condition is work-related.
In addition to medical evidence, other types of documentation may be helpful, such as witness statements from coworkers, supervisors, or others who were present when the injury occurred. Keeping a personal record of your injury, noting the dates, symptoms, and any conversations with your employer or coworkers about the incident, can also be helpful.
Personal Injury Claims and the Likelihood of Going to Trial
Approximately five out of every 100 personal injury cases and insurance claims go to trial. In most cases, the defendant chooses to settle. Going to court requires a time-intensive preparation process, and then, once the trial begins, it can last for months.
If you choose to pursue a legal trial, your personal injury lawyer will spend time identifying witnesses and gathering evidence. Once they have enough statements, documents, and evidence from your accident, they will determine the best course of action for your claim. Most commonly, your lawyer will negotiate with the defendant or their insurance company in an attempt to settle on a dollar amount. If the defendant agrees to pay the settlement, the lawsuit is dropped. If negotiation or mediation fails, the case will go to trial.
The Pros and Cons of Going to Trial
There are pros and cons to any trial. If you are filing a personal injury claim, you need to consider the potential outcomes of pursuing a trial. If you go to trial, the outcome might not be as desirable as the settlement amount. Additionally, if you reach a settlement, you will get your money much faster than you would with a trial.
One of the biggest cons of going to trial is the time it can take to reach a verdict. According to the Bureau of Justice Statistics, the average personal injury case lasts for 14 months. If you’re lucky, your case might last a couple of days. However, most personal injury cases last for months or, in some cases, years. The timeliness of your personal injury case is contingent on your judge’s schedule. Many personal injury cases get postponed because the judge has more pressing cases that need their attention.
Another consideration when going to trial is the outcome. In their report, the Bureau of Justice found that only 50 percent of cases ended up in the plaintiff’s favor. For people looking to get compensation for their injuries, these are alarming odds. With only a 50 percent chance of getting a better compensation package than your settlement, it’s better to compromise in the settlement negotiations and walk away with a smaller package than with nothing.
What You Need to Know if You Go to Trial
You might want to go to trial, and that’s understandable. If you do choose to go to trial, it is important to have a substantial amount of supporting evidence in your favor. The evidence needed to establish a successful personal injury claim is case-specific. It is always best to consult with a lawyer to gather the necessary evidence to succeed in court.
Consult With a Personal Injury Attorney
Consulting with a skilled personal injury lawyer is the best way to navigate the specifics surrounding your individual personal injury claim. At Setareh Law, our attorneys have a proven track record of successfully representing personal injury claims in California. We understand the difficulties of deciding to go to trial or settle and are here to help you choose the path that will be best for your situation. To schedule a free consultation with one of our trusted attorneys, complete an online contact form or call today at (310) 659-1826.
