Why Some Car Accident Claims End Up in Court

November 23, 2020

When a person is injured in a car accident due to another’s negligence, the process for recovering compensation usually begins with a claim and generally ends with a settlement. However, there are some instances when a personal injury claim may end up in court.

Our Phoenix car accident lawyers are prepared to help you from the moment you file a claim to the resolution of the case, whether that be through a settlement or lawsuit. Call us today for a free consultation so we may discuss the facts of your claim and see how we may be able to assist you.

Why Are Most Car Accident Claims Settled?

Settling a car accident claim means that the injured party, or parties, and the insurance company of the negligent driver negotiate an amount to be paid for damages caused by the car accident.

Usually, settling an accident claim is more financially sustainable – it is cheaper for your attorney and the insurance company to come to an agreement than to go to court. From the insurance company’s perspective, if the case goes to court, the decision about how much compensation to award will be in the hands of a jury.

Why Would I Need to File a Lawsuit?

Although most car accident claims end in settlements, there may be times when filing a lawsuit is unavoidable. For example, you may want to file a lawsuit if the insurance company’s settlement offer is too low to cover your damages, or if your claim was denied and filing an appeal with the insurance company did not work.

Filing a lawsuit may also be a good idea if you believe the insurance company is using bad faith tactics, such as:

Delaying Payment

Insurance companies may delay paying a claim in hopes the injured person will jump at the first offer they put on the table.If you are seriously injured in an accident and are unable to work or pay for your hospital bills or other costs related to your injury, you may be desperate for compensation. However, that may be significantly lower than what your claim is worth.

Shifting Blame

Because Arizona is an at-fault state, the at-fault driver’s liability insurance is responsible for any injuries or damage to property. Insurance companies for at-fault drivers may deny a claim by saying the injured party was also to blame for the accident. But, due to the state’s comparative negligence laws, a person may recover damages even if he or she was 99 percent at fault. Of course, if you are found partially at fault for an accident, your compensation award may be reduced by the percentage you are found liable.

If your car accident claim was denied or delayed and you believe it was due to the insurance company’s bad faith, you may be eligible to file a lawsuit. Call our offices today to discuss the legal options you may have.

What if the Insurance Company Offers a Settlement Mid-Lawsuit?

An insurance company may offer a settlement at any time during the claims process, even if there is a pending lawsuit. If a settlement offer is made, it is up to you to discuss the pros and cons of the offer with your attorney and decide whether to accept it.

Sometimes it takes filing a lawsuit to get an insurance company to make a better settlement offer. The insurance company does not want to leave things in the hands of a jury.

How Do I File a Lawsuit?

This is one of the many things you can leave to your attorney. The experienced lawyers at Phillips Law Group have helped many accident victims, either through negotiating settlements or going to court. We are prepared to manage the entire legal process on your behalf, allowing you to focus on healing.

Call an Attorney with Trial Experience Today

Our lawyers have decades of combined experience and have recovered millions in compensation for car accident victims and their families. We are prepared to negotiate with the insurance companies on your behalf or file a lawsuit if the need arises.

The consultation is free and there are no upfront fees. We know this is a difficult time, but the sooner you contact us, the sooner we may be able to get to work for you. Our goal is to recover maximum compensation as quickly as possible.

Call us today at 1-800-706-3000 . Millions recovered.