When Should an Injury Claim Go to Court?
After suffering an injury in an accident, whether from a car crash, slip and fall, or other negligence-based event, most individuals hope for a quick and fair resolution. And in many cases, that happens through a settlement. But there are times when taking an injury claim to court becomes necessary to protect your rights and secure the compensation you deserve.
You do not have to accept an offer that fails to fully compensate you for your losses. Share your concerns with a Bucks County personal injury attorney. Understanding when a case should go to trial, and how the legal process works, can make a big difference in your outcome.
The Majority of Injury Claims Settle
Nationally, and in states like Pennsylvania and New Jersey, approximately 90-95% of personal injury cases are resolved through settlement, often without a trial ever being scheduled. Settlements can occur during the claims process, pre-trial negotiations, or even after a lawsuit has been filed.
This is generally beneficial, as settlements save time and money. Additionally, the stress of a courtroom is avoided and both parties have more control over the outcome. But of course, not every situation can be resolved outside of court. Some scenarios justify litigation.
You may need to file a lawsuit and prepare for trial if:
- An insurance company denies your claim or refuses to acknowledge fault.
- Settlement offers are unreasonably low.
- There are disputes over liability, especially in multi-vehicle accidents or premises liability cases.
- You suffered severe or catastrophic injuries, which often lead to complex claims and high-value damages.
- The at-fault party acts in bad faith, dragging out negotiations or failing to communicate honestly.
In these cases, going to court ensures your side of the story is heard, and it puts pressure on the other party to take your claim seriously.
Settlement Can Still Happen After a Lawsuit Is Filed
Filing a lawsuit doesn’t mean the case will definitely go to trial. In fact, many claims that begin with litigation still settle before trial or even during the trial process. This is sometimes referred to as a settlement on the courthouse steps.
Litigation may also lead to stronger evidence through formal discovery and better settlement leverage, as the threat of trial motivates insurance companies to settle fairly. In some cases, mediation or court-ordered settlement conferences can lead to a resolution after litigation begins, without needing a judge or jury to decide.
Whether your injury claim is resolved through settlement, mediation, or litigation, having an experienced Bucks County personal injury attorney is key. Your lawyer will help you assess when a settlement offer is fair, or when it’s time to fight for more in court.
Were you hurt in a local accident? Injury claims don’t always need to go to court, but when they do, your future could depend on it. Reach out to the skilled attorneys at Kevin L. Hand, P.C. Legal experts are available to explore your options and protect your access to a full and fair compensation package. Call 215-515-2604 to schedule a confidential consultation.
