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4 Red Flags That Signal Your Case Will Go to Trial

If you are filing a lawsuit because of a personal injury, the chances are that your case will never actually go to trial. This is because the insurance company will end up settling with the plaintiff outside of court most of the time. Settlements can either be a good or a bad thing depending on what the offer actually is. In order to get the best possible settlement offer, you (and your attorney) need to be prepared to go to trial. Your attorney needs to have a reputation as an attorney who tries big cases with big results.

Insurance companies keep close records on what attorneys tend to settle easily, and which ones are willing to aggressively fight for the rights of their clients. Those that are prepared to go to trial will often be offered a significantly more generous settlement. With this in mind, we handle every case with the expectation that it will go to trial. This way, we’re prepared should the case demand it, and we are also negotiating settlements from a very strong position. In many cases, there are “red flags” that can signal that the case will likely be going to trial, and being aware of the following red flags can be very important.

No Settlement Offer from the Defendant

In some cases the insurance company won’t even make a settlement offer. When this happens, the only path forward is taking the case to trial. Insurance companies may use this tactic if they believe you won’t want to pursue the trial or they believe the only acceptable settlement would be extremely high. When this is the case, they would rather risk going to trial than have to pay out a very high settlement.

Unreasonable Initial Settlement Offer

If the insurance company makes a settlement offer that is insultingly low, you can pretty much count on the fact that the case will have to go to trial. This happens when the defendant feels that their case is strong, or they think that the plaintiff is likely to want to end the case as quickly as possible. While it can be tempting to accept the “quick win” from a low settlement, it is usually well worth the effort to push for the financial compensation you are entitled to.

Plaintiff Wants to Go to Trial

While not common, there are some cases where the plaintiff wants to go to trial and fight for the largest possible financial outcome. There are times when it makes sense to demand a trial, especially when the case is very strong. Even in these situations, however, the costs in time and legal fees can make it smarter to accept a large settlement. Talking with your attorney about when it is smart to push for a trial is an important part of any legal case.

Disputes Concerning the Damages

One of the most important factors in any personal injury case is going to be the damages to the plaintiff. These damages typically include things like medical expenses, lost wages, property damage, pain and suffering, and more. In many cases, both parties agree to what damages exist so there is no dispute, and the parties can simply discuss what compensation is warranted. If there is a dispute over whether the proposed damages are accurate, however, it will often need to be hashed out in court.

We’re Here to Help

Whether your case is settled out of court or it goes to trial, we will be there to help ensure you get the best possible outcome. Our legal team will prepare your case for trial so we’re ready for whatever happens. If you have experienced a serious personal injury, please contact us to discuss your case today.

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Bagneris Law Firm

The Bagneris Firm is an experienced civil litigation firm with decades of combined experience serving both plaintiffs and defendants in a wide-range of different cases including personal injury and business disputes. Our firm is based out of New Orleans, and we serve clients throughout Louisiana. Attorneys Emile and Suzette Bagneris have a long and impressive careers with experience training insurance adjusters and risk managers, representing large corporations and insurance companies, and helping individuals and businesses with all aspects of their legal cases. The fact that we have represented clients on all sides of legal issues allows us to better predict what will happen and prepare an effective strategy to help our clients.

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