5 Reasons Personal Injury Lawyers Go to Court in Kentucky
When you imagine a legal case, you might picture courtrooms, judges, and juries. While some personal injury cases end up in court proceedings, the overwhelming majority are resolved before then. In fact, the Bureau of Justice Statistics estimates that only 4% of civil cases go to trial.
So when do personal injury lawyers go to court? In this post, an experienced attorney in Lexington, KY, discusses the factors influencing whether personal injury cases go to trial. Although there are many reasons to settle out of court, going to trial may make sense in the following circumstances.
1. The Damages Are Substantial
Insurance settlements may suffice for accidents causing minor medical expenses or property damage. However, they don’t always provide enough compensation for victims whose injuries seriously impact their health, career, family, or daily activities.
Instead, the plaintiff and their personal injury lawyer may choose to take their chances at trial. While trials are more risky and unpredictable, they also offer injured parties the opportunity for potentially higher compensation.
2. Non-Economic Damages Are Involved
Economic damages like vehicle repairs, property replacement, medical costs, and lost wages are relatively easy to prove through financial documentation. Non-economic damages like pain and suffering, mental anguish, loss of companionship, and loss of enjoyment are harder to quantify.
While settlements often allow plaintiffs to recover economic losses, the two sides don’t always agree on what constitutes fair compensation for less tangible damages. A favorable court verdict offers victims the potential for full vindication, including psychological losses.
3. The Insurer Doesn’t Offer Fair Compensation
When else do personal injury lawyers go to court in Kentucky? When the insurer doesn’t make a fair settlement offer.
Insurance companies may not offer adequate compensation for several reasons: not wanting to set a precedent, disagreeing with the amount the plaintiff requests, or blaming the victim for their injuries. If the insurer continues to make lowball offers or settlement negotiations break down, the only option may be filing a lawsuit.
4. There Are Disagreements About Liability
Reaching an out-of-court settlement agreement can be easier and quicker when there is clear evidence of fault. However, if the two parties don’t agree on who is to blame, they may need to go to trial.
There, attorneys for the opposing sides can present visual and documentary evidence, witness statements, and professional opinions about what happened and who is responsible. The court will then weigh the amount, clarity, and credibility of the evidence to make a decision.
5. They Want To Make a Public Statement
One final answer to “When do personal injury lawyers go to court?” is when they want to make a statement. Some personal injury cases are so egregious that they extend beyond one party’s injuries or damages.
An attorney may go to court to hold the defendant openly accountable for the harm they caused — and prevent it from happening to others. Because trials are typically public, they can help victims achieve a greater sense of justice. Going to court can also set a legal precedent for the future.
Contact Our Lexington Personal Injury Attorneys Today
Do personal injury lawyers go to court? Even though few cases reach the courtroom, you want a skilled litigation attorney by your side if yours does. At Regard Law Group, we support our clients at every step, from negotiations with insurance companies to legal representation in court.
Our firm helps victims of all types of personal injury cases, from traffic accidents and accidental falls to medical malpractice and defective products. Call (859) 281-1318 or contact us online for a free consultation with a knowledgeable personal injury lawyer in Lexington, KY.