What to Remember About the Litigation Process
The prospect of a personal injury claim progressing to a trial is daunting for many injured individuals and is often a significant deterrent for pursuing a claim in the first place. However, only a small percentage of these claims reach the point of a trial. Despite this fact, it’s important for plaintiffs to be prepared for what may be to come. Here are some of the truths about
the trial process you should know.
Who We Go After
It’s a common misconception that attorneys are filing a lawsuit against a specific person in a personal injury claim. Although this may technically be correct in terms of the named defendant in the lawsuit, it is actually the defendant’s insurance company who hires the defense attorneys, puts on the defense, and holds the ultimate decision-making power as to whether they pay, or refuse to pay, the claim. During the course of the trial, your attorney will be negotiating with, or fighting against, the defendant’s insurance company to ensure a desired result.
Beware of Misinformation from Insurance Carriers
Unfortunately, insurance carriers are not always honest. They often warn against pursuing personal injury litigation, telling policyholders that it’s just a money grab for the attorney. The insurance companies, may also allude to the idea of plaintiffs misrepresenting the extent of their injuries for a larger payout. In most cases, this is far from the truth.
It’s important to keep in mind that most people don’t want to undergo a trial, and each person who does pursue litigation is actually injured, vulnerable, and looking for help. However, because insurance companies are ultimately a business with the goal of making a profit, they attempt to pay the lowest amount possible to these injured plaintiffs. At Nance|Cacciatore, it is our goal to ensure that our clients are appropriately protected and fully compensated for their injuries.
Workers’ Compensation Cases Have Unique Needs
Many times, people are injured by the negligence of another while in the course and scope of their employment. These cases bring about their own set of issues. In these cases, the worker’s compensation insurance carrier will pay for the medical care and a portion of any lost wages. However, they will recoup some or all of the money they paid out by putting a lien on the recovery received from the at-fault party.
The workers’ compensation carrier also selects the doctor to treat the injured person, and the injured person only has one opportunity to change to another doctor, selected by the carrier. If a party does not file a lawsuit quick enough, the carrier can file suit on their own against the at-fault party to recoup the money they paid out, putting them in control of the case. This can be problematic if a person suffers significant and permanent injuries.
These are only some of the issues that arise. Due to the numerous issues involved in these situations, it is recommended that you speak with a knowledgeable attorney who can help you navigate the process.
Working With An Attorney
At Nance Cacciatore, we take on personal injury and workers’ compensation cases to help those in our community who have been injured by someone else’s negligence. We pride ourselves in securing meaningful results for injured clients, and many of our verdicts/settlements are from our neighbors in Brevard County. When you want someone to fight for your rights, call our team.