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Litigating a Personal Injury Claim
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When Negotiation Fails, Our Car Crash Lawyers Are Here to Help
In a perfect world, liability in auto accident cases should be a straightforward issue. If the at-fault driver was drunk, distracted, or otherwise negligent or reckless, the blame should fall on them, and their insurance provider should reimburse you. However, in almost all cases, attributing liability is anything but seamless.
Even if it’s a clear-cut case, insurance companies may fiercely deny it to protect their own interests. Ultimately, matters can become so muddled or heated that negotiating is no longer a viable option, leaving personal injury litigation as your best course for securing sufficient compensation.
It’s rare for personal injury cases to go to court. Still, in catastrophic injury cases, those involving punitive damages and situations where the insurance company refuses to take accountability for their policyholder’s actions, it can become necessary. A sizable portion of cases that do reach litigation are related to auto accidents, which means that going to court may be required for some car crash victims.
At Kanner & Pintaluga, our auto accident attorneys are prepared for this possibility. We’re zealous litigators who are ready to advocate for the compensation you deserve in court.
Why and When a Case Moves From Negotiation to Court
Whether litigation will be your best chance at maximum compensation will depend on the specifics of your case. Our auto accident attorneys have experience in both negotiating and litigating cases and can advise you on your best course of action.
Generally speaking, you’ll be more likely to require litigation if:
- You suffered severe injuries, especially to your head or spine, that impact your cognitive function or ability to move freely, decreasing your earning capacity and reducing your quality of life
- The other party disputes your injuries or damages
- The other party is uncooperative or unwilling to participate in negotiations
- If the other party’s insurance company acts in bad faith, such as by delaying their claim decision to a ludicrous degree or failing to communicate
- Multiple vehicles – and consequently multiple insurance companies – are involved
Why You Need an Auto Accident Lawyer With Trial Experience
Being ready to litigate if necessary can be crucial to your case’s success, even if you don’t go to trial. While you may not intend to litigate initially, it’s possible that going to court could eventually be your only option to secure the compensation you need to make a full recovery after a car crash.
Not every car accident lawyer is ready or willing to advocate for you before a judge and jury. Hiring an experienced trial attorney can let the other party and their insurance provider know that you won’t hesitate to take this case to court if needed, which may make them more willing to settle for a fair amount to avoid an expensive trial.
The car accident lawyer you choose can have a significant impact on the process, as many auto accident attorneys have never been to trial or rarely ever get to that point. At Kanner & Pintaluga, everyone on our team has the trial experience and expertise to increase your case’s chances of success.
What Is the Litigation Process?
Once you and your attorneys at Kanner & Pintaluga have decided litigation is the proper course of action, we’ll typically send a demand letter to the at-fault party’s insurance company as a first attempt to negotiate a fair settlement. If we don’t receive a satisfactory offer, the litigation process officially begins, and we file a lawsuit on your behalf.
Pleadings, Deadlines, and Early Motions
Once a lawsuit is filed, it begins with the filing of pleadings. This is where you, the injured party (the plaintiff in the eyes of the court), file a complaint outlining the facts of the case and the damages suffered. The defendant then files an answer responding to the allegations.
Throughout this phase, your attorneys will manage many strict deadlines for filing documents and responses to the defendant’s motions.
For example, the defendant might file a motion to dismiss, which we would then respond to with our own filing. Either side may file a number of other preliminary motions. Think of these as legal arguments made to the court that should be resolved before the main proceedings.
Discovery: Depositions, Documents, and Experts
Discovery is a critical phase in the litigation process, during which both sides exchange information and evidence relevant to the case. This is when both sides learn the strengths and weaknesses of each other’s case.
In personal injury cases, discovery often involves standard documents, such as medical records, affidavits, police reports, employment records, insurance policies, and other relevant files. However, evidence exchanged in the discovery process can also include:
- Interrogatories: Written questions sent to the opposing party that must be answered under oath.
- Depositions: Out-of-court, sworn testimonies given by parties and witnesses. Your attorneys will prepare you if you need to give a deposition.
- Expert witnesses: We may retain accident reconstructionists, medical professionals, or other experts to provide specialized testimony that strengthens your case.
Pretrial Motions, Mediation, and Trial Preparation
As discovery concludes, the parties often file pretrial motions. These motions basically ask the court to make decisions on specific legal issues before the trial begins. For example, the defendant might motion the court to exclude specific evidence at trial, and we would file a response to that motion.
Another common pretrial request is a motion for summary judgment. This is where a party argues that there are no factual disputes and they are entitled to judgment without a trial. The court weighs the merits of the argument in the motion and decides if summary judgment is appropriate, or if the case should proceed to trial.
Many personal injury cases are resolved through mediation. This is a formal negotiation process in which a neutral third party, known as a mediator, helps both sides reach a settlement. While not always successful, mediation is another opportunity to resolve the case without the need for a trial. If we can’t reach a settlement with the defendant, our focus shifts to trial preparation.
Settlement Windows and Trial Day
Even if motions for summary judgments have been denied and mediation wasn’t successful, settlement discussions can still happen throughout the litigation process, even once the trial has started. In general, though, the closer a case gets to trial, and as the strengths and weaknesses become clearer to both sides, settling the case can become more appealing to one side or the other.
If your case proceeds to trial, both sides will present their arguments and evidence to a judge or jury. Our experienced litigators will expertly present your case, cross-examine witnesses, and advocate passionately on your behalf. The trial culminates in a verdict, which determines liability and the amount of damages the plaintiff will be awarded.
To bolster your chances of securing an ideal outcome, your car crash lawyers need to prove:
- The other driver owed you a duty of care (this is usually intrinsic to auto accident cases and doesn’t require explicit proof; every driver has a responsibility to obey traffic laws and drive carefully).
- They breached that duty by driving negligently or recklessly.
- Your injuries are a direct result of their breach of duty.
Our auto accident trial attorneys will gather extensive evidence and witness testimony to help definitively illustrate these points in court. Proving the other driver’s liability by a preponderance of evidence is crucial to strengthening your case and bolstering your chances of success.
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Kanner & Pintaluga have recovered much-needed funds for victims and are experienced in working against insurance companies. Contact us for a free consultation, and let us provide you and your family with dedicated service and get you the compensation you deserve.
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Are There Drawbacks to Litigation?
One potential drawback of litigating an injury claim is the cost of acquiring an attorney and going to trial. However, our auto accident attorneys work on a contingency fee basis, which means that our payment is contingent upon your settlement agreement or award. In other words, we only get paid if you receive a favorable settlement or verdict, so you can trust we’ll utilize the full extent of our experience and expertise to maximize your compensation.
Trials do take more time than negotiations, meaning it may take longer to receive payment. However, pursuing litigation can potentially increase the chance of receiving a truly fair outcome with maximum compensation, which is often more important than being paid quickly.
No trial ever has a guaranteed outcome, and there may be more risk in pursuing a trial rather than settling during negotiations.
Work With Auto Accident Attorneys That Have Helped Clients Nationwide
At Kanner & Pintaluga, we’re prepared to fight for people injured in car crashes in 18 states. The trial attorneys at our law firm will zealously pursue fair compensation on your behalf, preparing a compelling case and working hard to maximize your possible compensation.
To schedule a free case consultation with one of our auto accident attorneys, call (800) 586-5555 today.
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