When Is Insurance Litigation Necessary in a Personal Injury Case?

 Posted on March 28, 2019 in Insurance Coverage Litigation

When someone suffers a personal injury, they may struggle with a variety of financial issues involving the need for medical treatment and the inability to work and earn an income. Insurance companies become involved in many of these cases, and an injury victim will often be covered by an insurance policy held by the person who caused the injury. Unfortunately, many accident victims come to find out that insurance companies can be unreasonable. 

When a person files an injury claim, the negligent party’s insurance company will often offer to pay a certain amount based on the amount of coverage. However, these offers may not fully cover the victim’s expenses or meet their needs. In these cases, a victim may choose to pursue litigation against the insurance company and/or the negligent party.

After a lawsuit is filed, the parties will conduct discovery, during which evidence will be gathered and depositions will be taken. After this process is completed, the attorneys for the victim and the insurance company may be able to agree about the extent and dollar amount of damages. At this point, a settlement can be reached.

Most personal injury cases are resolved when the parties settle out of court rather than proceeding to trial. A settlement will cut down on attorney’s fees and litigation costs, and it will allow the accident victim to be compensated more quickly. 

There are some cases, however, that must be tried in front of a judge or jury. This can be required when an insurance company does not agree with the victim about the injuries sustained and the costs of treatment. Another common scenario necessitating trial occurs when there are multiple people at fault, and there is a disagreement about each party’s percentage of fault. During a trial, the attorneys for each side will present their case, and the judge or jury will determine whether to award damages to the victim and the amount of the award.

Contact a Milwaukee, WI Insurance Litigation Attorney

As an accident victim, it is critical to find an attorney who will not settle your case for an unreasonably low amount in order to avoid litigation. You need someone who knows an adequate settlement offer when they see one and who is also not afraid to take your case to trial if necessary.

The lawyers at Gimbel, Reilly, Guerin & Brown, LLP have represented many accident victims in lawsuits against insurance companies both in and out of court. We understand that your health is a top priority, and we believe that you should be fully compensated for injuries which occurred because of someone else’s negligence.

You need a skilled Milwaukee, WI personal injury lawyer who can negotiate on your behalf to receive the compensation you deserve. To learn more about how we can provide you with the legal help you need in your injury case, call our firm at 414-271-1440.

Sources:

https://www.uphelp.org/pubs/what-expect-when-you%E2%80%99re-suing-insurance-company