Generally, it is estimated that less than 5% of all personal injury claims go to trial. So, the question is what happens to the other personal injury cases? The vast majority of these cases are settled before trial and some essentially are over before they really get started. This article will discuss some of the differences between personal injury lawsuits and personal injury insurance claims.
When an accident or some other incident causes an injury, in most cases, a person’s insurance coverage will apply to the situation. This is regardless of whether the insurance coverage is for the injured person or the person responsible for the accident. In such a case the insurance covers the injured person’s medical bills and other losses caused from the accident. And this may be paid for out of the insurance coverage right up to the limit of the policy. In a number of other instances, an injury-related insurance claim can be made and resolved by way of a settlement agreement without having to resolve to a lawsuit. As a result, many more injury related insurance claims are filed as compared to actual court based personal injury cases or lawsuits.
A personal injury lawsuit starts when the injured person or plaintiff files an initial complaint and summons notifying the person who caused the injury, the defendant, that they are being sued using the states’ civil court. These documents are served on the defendant who has a certain number of days to respond. If the lawsuit does not reach settlement at any point, then the case will reach trial and a jury will decide whether the defendant is responsible for the plaintiff’s accident. And if it is found that the defendant is responsible for the accident, it will be determined how much the defendant will pay the plaintiff. However, it is important to note that in many cases mediation and arbitration are available for the injured person.
If you believe that you have a personal injury claim it is extremely important to understand your options. Personal injury attorneys evaluate claims based upon very practical standards. This includes asking the question of liability - did someone else cause the accident? Such issues may result in a lawsuit being contested. In addition, there are consequences with respect to whether the plaintiff shares part of the fault. Other aspects that also come into play are whether you are suing a private individual, a person with insurance or a business. While you can determine the issue of liability, if the at-fault person has no resources to pay judgment, then even the best personal injury claim will likely not go to trial.
There are other distinctions when it comes to personal injury cases; for example, the easiest cases to settle are those with limited insurance coverage as the limit is likely to be paid. However, when dealing with insurance companies it is likely that the settlement offer will be short of the full policy limit. Hence, it is important to have experienced personal injury lawyers in anchorage Ak to represent your interests and provide legal advice.