Serious injuries can make it challenging if not impossible to complete even the simplest tasks. From driving to the store to cooking for your family, errands and chores that you used to perform without a second thought can be entirely unmanageable after getting hurt.
When daily tasks are a struggle, the thought of filing a personal injury lawsuit and going to court can seem overwhelming. Fortunately, the vast majority of personal injury cases do not go all the way to trial.
If you have the ability to prove liability, causation, and damages, your attorney may be able to secure a settlement through negotiations with the opposing party. If the insurance company or defendant is uncooperative, though, it might be in your best interests to file a lawsuit.
Even if a lawsuit is filed, it is still possible to reach a settlement in the early stages of litigation—before the case reaches trial. But if disputes persist through discovery and alternative dispute resolution, going to court might be the best option.
Here are a few common disputes that might send a case to trial:
1. Liability Disputes
The opposing party might refuse to accept fault, or they may challenge the percentage of liability imposed on them. This dispute is more likely to arise if you, the claimant, were partially liable, or if multiple defendants share fault.
2. Causation Disputes
If you had a preexisting medical condition that was aggravated or exacerbated by the accident, a dispute might arise regarding causation. In other words, the defense might assert that the damages you are claiming were not caused by the accident but rather by your preexisting condition.
3. Damages Disputes
The insurance company or defendant might dispute your attorney’s settlement calculations. They may argue, for example, that your lawyer has overestimated the cost of future medical care or lost wages. Your lawyer can try to mitigate and avoid such disputes by basing the settlement calculations on the relevant statutes, case law, and the facts surrounding the accident, and by gathering all available evidence of the damages you have incurred.
4. Other Disputes
You might face a dispute if you make a mistake during the proceedings. For instance, if you delay seeking medical care or disobey your doctor’s orders, the opposing party might say that you have failed to mitigate damages and, as a result, should not be compensated for 100 percent of your losses or even at all. If you post on social media, the content you publish is likely to be used against you during the course of litigation.
Call 516-280-4716 to Speak with a Personal Injury Attorney in Long Island
If you intend to file a personal injury claim in New York, turn to WeitzPascale to determine the most strategic way to proceed. Our consistently superior results and excellent client testimonials demonstrate the dedication we bring to every case we handle. Call 516-280-4716 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in Long Island.