Being injured by another driver’s negligence is stressful enough. What happens then when the insurance carrier is reluctant to pay?
The arduous task of filing a claim in order to help offset the medical costs begins. This can take months, especially when the insurance carrier is highly reluctant to pay. If after all the facts are revealed, and they still don’t agree on a settlement, you may have no choice but to take them to trial. In order to make this entire process go as smoothly and quickly as possible, with a successful outcome for you, a Missouri car accident attorney should be retained to handle all of the intricacies.
Going To Court
In cases where the insurance company is unwilling to settle your claim, then your only option is to go to court. This happens mainly in situations where they feel they have a strong case for comparative negligence, where you are partly responsible for the accident. Depending on the type of court, it is the job of your attorney to convince a judge or jury that the defendant acted recklessly and caused harm to you with little or no regard. Defense lawyers will be focusing on providing evidence to demonstrate how it was your own actions or inactions that led to the accident.Your role during a trial is to act as a witness to the events. Your Missouri car accident attorney will handle the rest. They will make sure that all rules are followed and that the defense hands over any and all evidence to them.
After the case is presented, the judge or jury will hand out its verdict. If it is in favor of you, they will also state the award amount they believe you are entitled to. The defense has the right to appeal the decision if they disagree or if they feel that there was misconduct during the trial.
Appealed By the Defense
If it is appealed by the defense, then arguments will be heard by the Missouri appellate court. Defense lawyers will have to show a strong argument as to why they feel the original verdict was unfair to their client. Your attorney has the job of fighting those arguments. A Missouri woman successfully won an appeal with the help of her attorney for injuries she sustained in a car accident. The $900,000 award was upheld by the court plus an additional $90,000 in interest from the original judgment.
It is not uncommon for insurance companies to use these types of tactics when arguing against a claim. They know that the appeal process is long and costly and will threaten it as a way to try and get you to settle for a lower amount. Allow your Missouri car accident attorney to handle all negotiations with them. From experience, they have a basic idea of what your case is worth, and will know right away when they are being given idle threats.
Obtaining a Settlement
Ultimately it is your decision whether or not to accept a settlement. If you have been hurt in a car accident recently, talk with The Hoffmann Law Firm, L.L.C. at (314) 361- 4242 before you speak with any insurance adjusters. They will not be afraid to take your case to court, or even deal with the complicated appeal process in order to help you recover the compensation you justly deserve.
Car Accident Lawsuit
Photo credit: david_shaneGoogle+