Albuquerque is known for its rich culture, scenic desert landscapes, and busy roadways that see thousands of residents and visitors every day. With a growing population and active lifestyle, accidents can happen in many forms, from car crashes to slip and falls and workplace injuries.
When someone is hurt due to another party’s negligence, working with a personal injury attorney in Albuquerque can help determine whether settling out of court or taking the case to trial is the best path forward.
While many personal injury claims are resolved through settlements, going to court can sometimes offer significant advantages. Below are four key benefits of taking your personal injury case to court instead of settling too early.
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Opportunity for Full and Fair Compensation
One of the biggest advantages of going to court is the potential to receive full compensation for your injuries. Insurance companies often aim to settle claims quickly and for as little money as possible. Their initial offers may not fully account for long-term medical care, future lost income, or pain and suffering.
In court, your attorney can present detailed evidence, expert testimony, and financial documentation that clearly outlines the true impact of your injuries. A judge or jury may award damages that more accurately reflect both your economic and non-economic losses.
Accountability for the At-Fault Party
Taking a case to court allows injured individuals to hold negligent parties publicly accountable for their actions. When a case goes to trial, the responsible party must answer for their behavior under oath, often facing evidence and testimony that exposes unsafe or reckless conduct.
This process not only provides a sense of justice for the injured person but can also discourage similar behavior in the future. Court verdicts can send a strong message that negligence has serious consequences.
Leverage Against Low Settlement Offers
Even the possibility of going to court can significantly strengthen your negotiating position. Insurance companies know that trials are costly, time-consuming, and unpredictable. When they realize you are prepared to present your case in front of a judge or jury, they may be more willing to increase their settlement offer.
In many cases, filing a lawsuit and advancing toward trial leads to better settlement terms before the case ever reaches the courtroom. This leverage can be especially valuable when insurers refuse to negotiate in good faith.
A Neutral Decision-Maker
When disputes arise during settlement negotiations, insurance adjusters ultimately act in their company’s best interest. Taking your case to court puts the outcome in the hands of a neutral judge or jury whose role is to evaluate the facts fairly.
A jury brings community standards and common sense into the decision-making process. They can weigh testimony, examine evidence, and determine liability and damages without the bias that often influences insurance negotiations.
Things to Consider Before Going to Court
While there are clear advantages to litigation, it’s important to understand that trials can take longer and involve more legal expenses. Not every case is suited for court, and the decision should be based on the strength of the evidence, the extent of injuries, and the willingness of the other party to negotiate fairly.
An experienced attorney can assess these factors and guide you toward the option that best protects your interests.
Key Takeaways
Choosing whether to take a personal injury case to court is a serious decision, but in the right circumstances, it can provide the justice and compensation an injured person deserves.
