Litigation occurs when a personal injury case goes to court. In most negligence accidents, there are multiple ways to seek compensation. These options include:
- Making a claim against the at-fault party’s insurance coverage.
- Taking the case to trial by filing a lawsuit against the liable party.
The second option is commonly referred to as “litigating the case.”
When Is Litigation Necessary in a Personal Injury Case?
The majority of personal injury cases are resolved without going to trial. However, there are circumstances where filing a lawsuit against the party responsible for your injuries becomes necessary.
Nevertheless, many of these cases also settle before reaching the trial stage. Litigation does occur in personal injury cases, but it is not the norm. Some reasons why litigation may become necessary include:
The Insurer Denies the Claim or Rejects Fair Offers
If an insurance company refuses to negotiate in good faith and fails to offer a fair settlement based on the available evidence, it may be advisable to take them to trial and let a judge and jury make the decision.
The Insurer Claims the Victim Shares Fault
In situations where both the victim and the at-fault party contribute to the incident and resulting injuries, Louisiana’s comparative fault law, CC §2323, may come into play. This means that they could share financial liability.
In some cases, insurance companies shift the blame to the victim or assert that the victim shares responsibility. When this occurs, your attorney may need to present evidence during the trial to counteract these claims.
The Liable Party has Resources but not Insurance Coverage
There are instances where the liable party does not have insurance coverage. As a result, victims cannot file a claim against their policy. However, it may still be possible to pursue a civil lawsuit to obtain compensation. Even in these cases, a settlement may still be reached outside of court.
What can You Expect If Your Case goes to Litigation?
When you work with a lawyer from Garrity Traina, they will provide you with specific guidance on what to anticipate as your case progresses. In general, your attorney will prepare the necessary documents and file them in the appropriate civil court, typically in the parish where the injuries occurred, to initiate the legal process.
During this period, the at-fault party has an opportunity to review the information and respond. Both sides are allowed to investigate the incident, make pre-trial motions, and continue settlement negotiations if they choose to do so.
If a settlement cannot be reached, the final step is appearing in court, where your attorney will present a compelling argument to establish:
- The other party had a duty to protect you.
- They acted negligently.
- Their negligence directly caused the incident that resulted in physical, emotional, and financial harm to you.
- You suffered recoverable losses and expenses.
At the conclusion of the trial, the judge and jury will announce a verdict and potentially award monetary compensation.
Do You Need an Attorney to Secure Financial Recovery?
While many people choose to handle insurance claims and seek compensation on their own, especially for minor injuries or car accidents, there are numerous advantages to having an attorney on your side.
This is especially true if your case requires litigation. Representing yourself against the negligent party, their insurance company, and their attorney in a civil lawsuit can be challenging and best left to legal professionals.
Other benefits of having a lawyer from Garrity Traina represent you during settlement negotiations or at trial include:
- Assurance that your rights remain protected.
- Calculation of your losses and expenses.
- Avoidance of the complexities of preparing and filing claims.
- Relief from the burden of negotiating with the insurance company.
- Ability to focus on your physical recovery while the lawyer handles legal matters.
- Working on a contingency fee basis, where attorney fees are only collected if you recover compensation.
How can You Learn More About Moving Forward with a Case for Compensation?
Our Louisiana law firm offers free case reviews and consultations for injured individuals and their families. These sessions provide you with valuable information about the strength of your case, the options available for seeking compensation, and more—all without any financial obligations.
Under CC §3492, personal injury victims generally have one year to initiate litigation against the at-fault party. However, certain circumstances may require taking action within an even shorter timeframe. To maximize the available time, it is beneficial to start considering your potential case soon after your injuries stabilize.
To schedule a free consultation with Garrity Traina and learn more about pursuing your rightful compensation, contact us:
Phone: (337) 777-7777
Available 24 hours a day • 7 days a week
Speak with Our Attorneys at Garrity Traina Today
If you have been injured in Louisiana, don’t hesitate to speak with a representative from Garrity Traina about your personal injury case. We offer complimentary consultations to help families facing financial losses after an injury accident.
Call us today to get started.
Phone: (337) 777-7777
Available 24 hours a day • 7 days a week
For more information about Garrity Traina, visit Garrity Traina.