Will I Have to Go to Court if the Insurance Company Does Not Settle?

Written By: The Champion Firm Team

Date Posted: 02.20.24

Category: Insurance Personal Injury

Suffering an accidental injury can be a traumatic and costly experience. From medical bills to lost income, the financial and emotional toll can be immense. If you have filed an insurance claim after your accident, you may wonder what will happen if the insurance company does not offer a fair settlement. Unfortunately, too many injured victims receive unfairly low offers and do not know how to proceed.

The best way to seek a favorable settlement that covers your losses is to hire a personal injury lawyer who handles accident claims like yours. With professional negotiation skills and legal experience, the right attorney can fight for the settlement you deserve.

However, even with professional help, an insurance company might refuse to do the right thing. Adjusters might continue to make lowball offers, not budging toward the amount you need to cover everything. When this happens, there is a chance your case will go to court.

Why Insurance Claims Might Not Settle

Before diving into the potential outcomes if your insurance claim does not settle, you should understand why settlement negotiations can break down. Insurance companies are businesses whose primary goal is to protect their bottom line. While they may offer initial settlement offers, these offers are often lower than what you may actually deserve.

Young woman feeling stressed and upset while reading bad news in a paper mail letter, concerned about financial issues or academic struggles.

Disputed Liability

One common reason why insurance claims may not settle is disputed liability. In some cases, the insurance company may argue that their policyholder was not at fault or that you were partially responsible for the accident. Disputes over liability can significantly complicate the settlement process and may lead to a breakdown in negotiations.

High-Value Claims for Severe Injuries

Another reason why insurance claims may not settle is when the injuries sustained in the accident are severe, resulting in high-value claims. Insurance companies are often reluctant to pay large sums of money, and they may attempt to minimize the severity of your injuries or argue that your medical treatment is unnecessary. When faced with a high-value claim, insurance companies may be more likely to take the case to court than offer a fair settlement.

You need a personal injury attorney with experience representing clients with catastrophic injuries. They will understand the value of such injury claims and account for all your past and future losses. Often, proving future and intangible losses requires presenting expert analysis, including medical, occupational, and economic experts. Hire a law firm with resources and networks of experts who can benefit your case.

Even with a respected law firm, expert opinions, and other strong evidence to support your claim, you might still receive insufficient settlement offers if you have a high-value case.

You Never Have to Accept an inadequate Settlement Offer

Remember you never have to accept an inadequate settlement offer from the insurance company. If you feel that the offer does not adequately compensate you for your injuries, medical expenses, and other damages, you have the right to reject it. By consulting with a personal injury attorney, you can better assess the value of your claim and negotiate a fair settlement.

If you accept a settlement offer without legal advice, you risk accepting much less than you need. You waive your right to seek additional compensation once you sign the paperwork and receive settlement funds. If you accept too little, you might be responsible for the remaining losses and expenses.

Always have a lawyer reviewing your settlement offers. If you agree an offer is unfavorable, you do not have to accept it. Your personal injury attorney can keep fighting and negotiating for more.

Your Attorney Can File a Personal Injury Lawsuit

If your insurance claim does not settle, your attorney can pursue a personal injury lawsuit on your behalf in civil court. Filing a lawsuit will involve:

  • Preparing and filing legal documents.
  • Gathering evidence.
  • Presenting your case in court.

While this may seem daunting, having an experienced personal injury attorney by your side can ensure that your rights are protected and you have the best chance of receiving the compensation you deserve.

The Lawsuit Might Still Settle Out of Court

While filing a personal injury lawsuit implies a trial, the reality is that the majority of personal injury cases settle out of court. Even after filing a lawsuit, the insurance company may be willing to negotiate a settlement to avoid the time and expense of going to trial. Your attorney will continue negotiating with the insurance company and other parties involved to reach a fair resolution.

There are many steps to the litigation process, and you should have an injury attorney with experience navigating a lawsuit. Handling discovery and negotiations properly can often result in an out-of-court settlement with the insurance company.

What to Expect if Your Case Goes to Trial

If your case does proceed to trial, your lawyer should advise you on what to expect. Trials can be lengthy and complex, involving the presentation of evidence, witness testimonies, and arguments from both sides. Your attorney will prepare a strong case, presenting evidence and expert witnesses to support your claim. Ultimately, it will be up to a judge or jury to determine the outcome of your case.

While most personal injury cases do not head to court, it is always possible in a legal dispute. Hire a lawyer ready to take on the entire process and do what it takes to pursue fair compensation for you.

Consult a Personal Injury Attorney Today

Darl Champion

Personal injury Lawyer, Darl Champion

Dealing with an insurance claim that does not settle can be challenging and overwhelming. Consult a personal injury attorney near you to navigate the legal process and protect your rights. During your consultation, the attorney can assess all potential sources of compensation and the best strategy to obtain full compensation for your serious injuries.

Never hesitate to ask a lawyer if they believe your case has a chance of going to court. They can give you a direct answer based on your circumstances. Schedule your free case evaluation as soon as possible.

About the Author

The Champion Firm is a full-service personal injury law firm serving the greater Metro Atlanta area. Our award-winning team of attorneys specializes in car accidents, wrongful death, premises liability, and slip-and-fall cases. Learn more about our team here.