It’s common knowledge that many personal injury cases don’t actually go to court. This is because cases are usually settled between the injured party and the personal who was legally responsible for the injury without any major disagreements. The liable party and his or her insurance simply pay the injured person a sum of compensatory damages and both parties go on their merry ways. There is, however, a small percentage of cases — about 4% or 5% — that do. This happens when the two parties can’t agree and things begin to get complicated. Here are a couple of things that could potentially complicate your car accident case.
1. Proving Liability
One of the things that most often complicates any personal injury case is proving liability. Liability, of course, refers to who caused the accident through direct action or through negligence. The liable party is the one who will have to compensate the injured, so if the person accused of causing the accident refutes it, the case might end up in court. In some cases liability is actually split between the people involved which is usually calculated in terms of percentages, i.e. Party A was 20% liable for the accident and is therefore responsible for 20% of the losses.
2. Calculating the Settlement
Another element that can complicate a car accident case is the calculation of the settlement. The settlement should cover medical expenses that result from the car accident injuries and the lost wages and work as well. The tough part is placing a monetary value on the pain and suffering caused by the car accident injuries. If the two parties cannot negotiate a reasonable settlement to cover all of these things the case may escalate to court.
What You Can Do
Fortunately, there are a few things you can do to help make your case go a little more smoothly. Try to hire a personal injury lawyer as soon as possible to help mediate negotiations between you and the other party in the accident and their insurance company. Additionally, take notes and document as much evidence as you can about all of the details of the accident to avoid confusion.
Have you ever had any trouble during a car accident personal injury case? Feel free to share with us in the comments section below. Learn more at this link.
