Would you Get Compensation if the Claim goes to Trial?August 1, 2019
You may have tried negotiating with the insurance company but all efforts by you and the personal injury lawyer Los Angeles have failed miserably. What are your chances of seeking compensation from the negligent party? If you have hired the right injury lawyer, you would still have a chance to work it out in the court of law. Not all personal injury cases would go to trial. However, if the insurance company believes that there is contributory negligence, the case would go to trial. The reason would be neither party to the claim agreeing upon what should be a suitable amount for compensation.
You may have suffered severe injuries and the medical expenses would be relatively higher than what the insurance company has been offering you. Therefore, you would not agree with the lowball offers made by the insurance company. On the other hand, the insurance company has every reason to believe that the claimant has been at fault as well in causing the accident. Therefore, they would stand their ground to settle the claim at the lowest offer made by them to the claimant. They would not be willing to pay more than what they have already offered. In these circumstances, the claim would go to trial.
What chance you have in getting a deserved compensation in a trial? If the case has to go to the court of law, chances are higher that the court would decide the case based on the negligence of either or both the parties and the degree of injuries suffered by the parties to the claim. You should rest assured that despite you being negligent based on the degree of negligence; you would be entitled to compensation from the insurance company. However, the court would deny you any compensation claim, if your negligence is found to be more than 50% in causing the accident.