What Factors Can Cause My Personal Injury Case To Be Litigated?


One of the most common factors that may cause a valid personal injury case to be litigated or a lawsuit to be filed is an insurance company or insurance adjuster who acts unreasonably, who refuses to investigate the facts of the case, and who in some cases refuses to take responsibility for the wrongful acts of the driver, when it is obviously the fault of the driver who is covered under the insurance policy. Sometimes it takes a lawsuit to get the insurance company’s attention that the attorney is serious about representing the client’s interest so that the filing of a lawsuit causes the insurance company by necessity to appoint an insurance defense attorney with experience in injury trials to become acquainted and learn the facts of the case and report back to the insurance company. This alone can result in a change from a flat denial of responsibility to pay the insurance claim for the injury case to acceptance of responsibility to pay the full value of the claim. Another factor that causes a lawsuit to be filed may be when the driver who is responsible for the wreck lies or misrepresents how the accident occurred. If the insurance company accepts this denial of responsibility, this can cause the case to go into a lawsuit, because the insurance company may take that person’s word for it and not do a proper investigation into the facts of the accident or injury causing an incident. On rare occasions, a client may get some bad advice from well-meaning friends or families about the value of a case that can result in the filing of a lawsuit by the client’s personal injury attorney to allow the facts of the case to be truly discovered by both sides to the lawsuit.

What Can I Expect If My Personal Injury Case Goes To Trial?

In Texas, most personal injury trials presented before a judge and a jury take three to five days from beginning to end. However, before the trial starts, you should expect that your personal injury attorney will most likely want to meet with you to review all aspects or parts of your personal injury case and prepare you, your personal injury trial lawyer and any witnesses for the trial. Most people don’t understand that an attorney handling a personal injury case will spend anywhere from ten to twenty hours of trial preparation time for each hour of actual trial time. Since this is your injury case, you will also be expected to spend significant time preparing for the presentation of your claims both as to how the incident or injury case happened as well as your injuries, harms, and losses.

How Does Going To Trial Affect The Overall Cost Of The Personal Injury Process?

Once a lawsuit is filed, the case expenses related to presenting your personal injury case will increase, sometimes dramatically. Things that may be presented outside of court, may require costs and expenses to make them acceptable inside of a court proceeding. For example, copies of some documents may have to be certified or the witness may have to be called to court in order to present the testimony or evidence concerning your accident, incident or your injuries and medical care. All court expenses to prove the client’s case normally will be paid up front by the attorney but ultimately will come out of the client’s share of any monetary settlement or money award decided by the jury or by judgment. Sometimes it is in the client’s best interest to settle early to maximize the amount the client will receive in the client’s pocket and minimize the cost and expenses that must be subtracted from the client’s share of any settlement if the case has to go thru the steps of a lawsuit, litigation and possibly a jury trial. On some occasions, a new or increased settlement offer may be made by the insurance company once a lawsuit is actually filed because both sides now are aware that additional expenses will be incurred as a result of the lawsuit or litigation process.

Almost all courts in Texas require the injured person or client and the insurance company to participate in the process of non-binding mediation in an attempt to get both sides to settle the claim without further litigation or trial. This is another occasion for the injured client and the personal injury attorney to consider the remaining case-related costs and expenses of going to trial on a personal injury case. Many potential expenses may still remain that can be saved for the client if the case is settled through mediation. Once those costs are spent, it becomes harder to settle the injury case if the insurance company is not willing to increase its settlement offer.

For more information on Litigation Of A Personal Injury Case, an initial free consultation is your next best step. Get the information and legal answers you are seeking by calling injury attorney Rudy Vasquez in San Antonio Tx today at (210) 225-2828.

The Law Offices of Rudy Vasquez

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(210) 225-2828

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