If you have been injured in an accident or event and feel you are entitled to compensation, you can file a claim against the party you believe is responsible for your personal injury. Usually, the procedure would entail filing a compensation claim against the at-fault party, which their insurers generally handle. 

When you file a personal injury claim, your hired personal injury lawyer in Sacramento will always try to negotiate a favorable settlement with the opposing party. These compensation claims are often settled out of court. However, if the negotiations remain unresolved and a settlement cannot be agreed upon, your solicitor then files court proceedings for the outcome of the claim to be decided.

Why do personal injury cases need to go to court?

Some people are afraid of coming to court, which might prevent them from filing the compensation claim to which they are entitled. Approx 5% of compensation claims make it to trial, and these are generally more complex cases in which it is difficult to determine who is at fault. Also, sometimes when a favorable settlement cannot be reached via negotiations, filing official court documents brings your case before a judge, who then analyzes the facts and make a judgment based on the evidence. The court will consider either ‘Quantum’ (how much compensation you should receive for your injuries), ‘Liability’ (who is at fault), or both. 

What happens if your claim goes to court

The attorney will initiate court procedures if you and the defendant’s insurers fail to reach a claim settlement. They will file a claim with the court, which the judge will review to determine the appropriate action. The court may demand evidence before a specific deadline and set a date for the case hearing. It is crucial to note that out-of-court compensation settlements can be arranged until the last minute to avoid a court trial. 

As the case proceeds, it’s obvious to wonder about the chances of winning a personal injury lawsuit since it all depends on how the injury occurred, the evidence needed to support the allegation of fault, and whether or not you have an experienced attorney to guide you throughout the process. While insurance companies often have ample resources to handle these compensation claims, the best thing here you can do is engage an experienced auto accident attorney in Sacramento to defend your best interests and get the money you deserve. Also, before filing a case, you should understand that winning a personal injury lawsuit is uncertain until you have solid proof against the at-fault party. 

Will I have to appear in court?

No, not always. Even though your attorney has filed court papers, you can continue negotiations until the court hearing. Since settling the case outside of court is more convenient and less costly for everyone, a settlement may sometimes be made before the hearing date. However, if a fair settlement cannot be reached, you must be prepared to go to court and show evidence of your injuries, financial losses, and the facts of the accident.

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