Do I have to go to court if I file a personal injury claim?

Do I have to go to court if I file a personal injury claim?

On Behalf of | Dec 28, 2020 | Personal Injury

You never thought you would find yourself here. You or a loved one suffered a serious injury in a car or other accident in the state of Colorado, and now you are struggling to move forward in your life. You need help, but the responsible party’s insurance provider, or your own, is failing to offer you anything close to what you need. You have considered filing a personal injury claim, but you do not want to end up in court. What can you do?

The good news is, not all personal injury cases end up fought out in court. Most often, settlements occur long before things get that far.

Why file this type of lawsuit?

After suffering an injury due to the negligent actions of another person, you not only suffer physically but financially and emotionally as well. Your loved ones may also feel the pain as the injury can affect income, family time and the overall feeling in the home. With your life turned upside down, getting access to the care you need without it draining your savings is something you and your family deserve.

Personal injury claims can go one of two ways

Generally, after an accident, insurance will offer some level of compensation, though not much. Many people feel they have to take what they’re offered, or they’ll end up with nothing. That is not true. You have two options for seeking maximum compensation for your losses. You may:

  • Refuse the terms and send a demand letter for what you feel is fair. The insurance provider will either accept, reject or counter your demands.
  • Move your case to court. Legal counsel can review case details and help you decide if doing so is in your best interest.

As previously stated, most insurance providers would rather take the time to negotiate than spend resources taking the matter to court. Litigation typically costs them more in the long-run.

Take action while you still have time

After an accident, you only have so much time to pursue a personal injury claim. This is known as a statute of limitations, and it exists so that one cannot hold the threat of legal action over a person’s head forever. If you are not sure what you want to do, it is okay. Legal counsel can walk you through your options, provide information on the statute of limitations as it applies to your case, and help you pursue relief how you want to when you are ready.