Although most car accident cases are resolved through the process of negotiating a settlement between parties, a small percentage are taken to trial. This happens in cases where the insurance provider of an at-fault party refuses to take full accountability for damages claimed, and a resolution cannot be reached out of court. If you have a car accident case and are curious about whether your case will go to trial, there are factors that can be assessed to evaluate the probability that it will. These include:

• Is the insurance company disputing liability? –In some cases, the insurance provider of the at-fault party will dispute the validity of one’s claim for injury or simply deny that they are altogether responsible for any damages in a case. When this happens, continuing the fight for compensation typically requires going to court.
• Is the insurance company stalling negotiations? –Insurance companies also stall the negotiation process in hopes of prolonging it to the extent that a claimant will grow weary and opt to drop their claim or settle for an amount that is less than fair to simply end the case. In these cases, it may be necessary to take the case to trial to get a more expedited resolution that involves a favorable outcome.
• Is the insurance company refusing to make an offer that is fair and takes into consideration all of the damages you have incurred? –Insurance adjusters are notorious for reducing the value of claims in hopes that they can persuade claimants to settle for offers substantially lower than what experienced attorneys know a case is worth. When low-balling occurs, there is a probability that a case will be taken to court to obtain what is fair.

Having effective legal representation means having an advocate on your side who is willing to go the extra mile to ensure that your case is valued appropriately, and your pain and suffering are accounted for when settlement agreements are reached. Not all law firms are adept at trial, and many attorneys who lack trial experience attempt to persuade their clients that an insurance company’s best low-ball offer is the maximum they can be awarded. Nationally recognized trial lawyer, Amy Witherite says of this widespread problem, “it does clients a disservice to recommend they agree to accept settlement amounts that do not reflect the accurate value of their damages. Car wreck survivors have a lot placed on their shoulders and they shouldn’t have to fight for the right to have effective legal advocacy from an attorney who is not prepared for trial.”

The experienced trial attorneys of Witherite Law Group are available to help individuals who have been injured in a Dallas car wreck with understanding what their legal options are for moving forward with a personal injury claim. Individuals who have questions about getting legal help for a Dallas car wreck claim can call 1-800-CarWreck® to speak with someone directly today.