Personal Injury lawyer

How Likely Is It That A Personal Injury Will End in A Lawsuit?

It is common for most people who are injured in a car accident, at work, or for any other cause and are forced to hire the services of a Denver Personal Injury Lawyer when the other party’s insurance company does not want to accept responsibility or think that it is going to end in trial. Insurance companies usually prefer to invest their money in legal representation than to pay the injured party his fair share. However, despite this, there are very few matters that actually end up in court, and here are the reasons why.

Expensive Lawsuits

Lawsuits are often extremely expensive. A trial in the United States, simple as it may be, takes at least a full day. However, the most expensive thing is all the work and effort that is invested in the months prior to the trial. In addition, we must not lose sight of the fees that have to be paid to the experts to render their opinions in the corresponding trial. In the event of an unfavorable judgment, in most cases, an appeal will have to be filed. This further increases the expenses of the parties. The costs related to a lawsuit are much higher than reaching a settlement with the other party.

Additionally, there is little legal certainty in the trials since it is the jury that has the last word. It is possible that in some cases the jury does not believe the statements of the witnesses or that they consider that the documents with the medical expenses are not sufficiently related to the accident or that these expenses were unnecessary. However, looking at the other side of the coin, there are cases in which the defendant’s lawyer, as well as his insurance company, value the matter for much less than what the jury considers fair compensation.

The Legal Theory

Many insurance companies have the obligation to reach a fair agreement and within the coverage limit in case the responsibility is clear, according to the legal theory called Stowers.  This theory represents a very powerful incentive for insurance companies to settle the matter rather than go to trial. A conciliation procedure with your insurance company can be an option that can give you many advantages, such as being in control of your case. Unfortunately, there is no similar process once litigation begins.

Good Team of Lawyers

It is important to mention that at the end of the day, it is the parties (not their lawyers) who decide whether they want to reach an agreement or go to trial. After all, it is your interests that are at stake. However, an insurance attorney can help you make the best decision based on the strengths and weaknesses of your case, and who is in the best position to help you determine whether it is worth going to trial or not. Whatever you decide, you need a good team of lawyers on your side.