What Does Litigation Mean in a Personal Injury Case?

You may be entitled to compensation if you sustain an injury in an accident caused by someone else’s negligence.

For some, the insurance route does not always yield sufficient compensation to cover injury-related losses, necessitating the need to litigate the matter in court. When a victim litigates a matter, the court issues an order that compels the at-fault party or their insurer to pay the settlement amount.

Consider speaking to a trusted personal injury attorney who can provide legal guidance on the litigation process.

What Does Litigation Mean in a Personal Injury Case?

Litigation involves suing the at-fault party for damages if you fail to settle an insurance claim. If you’ve decided to file a lawsuit, consider hiring an experienced personal injury attorney who will prepare the lawsuit, including serving the defendant.

Although litigation in personal injury cases is complex and time-consuming, it is a necessary step to defend your rights and obtain a payout to cover your losses.

Factors to Consider When Filing a Personal Injury Lawsuit

Since a substantial number of personal injury victims obtain compensation from an insurance provider, litigation is often considered the last option.

However, you can file a lawsuit after taking into consideration the following factors:

The Nature of Negotiations

Once a victim files a claim, the insurance company can either reject the request or table a settlement proposal. If the insurance company makes an insufficient offer, an attorney can negotiate for a suitable figure.

If negotiations break down, the attorney may consider filing a lawsuit to obtain an appropriate compensation amount that covers injury-related losses.

The Cost of Medical Treatment

Some injuries cause severe injuries that leave you with hefty medical bills related to medication, hospital stays, surgical costs, physical therapy, and ongoing medical care. If the present and future medical costs exceed the at-fault party’s insurance limit, filing a lawsuit may be an ideal route to take.

Litigation Expenses

Before you file a lawsuit, it is important to understand the total cost and additional costs associated with the lawsuit.

Evaluate the impact of the following expenses before proceeding to file a lawsuit:

• Service fees
• Court filing fees
• Expert witness charges
• Discovery costs

Punitive Damages

The court can compel the at-fault party to pay punitive damages if they caused the injury through malicious intent. Punitive damages mostly apply to drunk driving or hit-and-run crashes. Considering the unique nature of damages, a victim may only recover the damages if they file a lawsuit.

Get Legal Aid From an Experienced Personal Injury Attorney

If your insurance claim doesn’t yield positive results, it may be the right time to litigate your personal injury lawsuit. Even so, you should consider a few aspects before proceeding to court.

Consider hiring a knowledgeable attorney from The Barnes Firm with decades of experience assisting injured victims.

Contact us online or call us at (800) 800-0000 for a free case evaluation.

Richard Barnes – President of The Barnes Firm

“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years