Should you "go to court" on your KY injury claim?

When you’ve been injured due to someone else’s carelessness, you already have a lot on your mind: How to pay for medical bills? Who will pay my bills while I can’t work? Who’s going to drive the kids to practice? Or daycare?

Then another question arises, later in the process: Should you settle your injury case, or Go to court?

There is no easy answer to this one.

Once you’re finished with medical treatment, your attorney should promptly put together a settlement package to send to the insurance company. If this “takes forever”, then that’s a bad sign about your lawyer.

Later, when the insurance company makes a settlement offer, discuss it at length with your attorney. Ask questions. It usually takes several rounds of back-and-forth before a reasonable offer is obtained.

Okay, then what? If you’re not satisfied, what do you do? Your attorney should explain all the potential outcomes. Is the insurance company’s offer reasonable? Should you accept the offer, or file a lawsuit? If you feel like you are being reasonable, but your attorney is “strong-arming” you, then that is another bad sign about your attorney. (Of course, the key is for you as the client to be reasonable and realistic. Insurance companies never pay what you think your injury deserves.)

Ask your lawyer if she thinks the offer is reasonable. If the lawyer says it’s too low, then you should file suit. But keep in mind: There are no guarantees! You could lose your case at trial and end up with nothing. Also, pursuing a lawsuit is expensive. Your lawyer will probably pay your expenses along the way, but when the case settles or wins at trial, you will have to repay the expenses, on top of your attorney fee.

Different insurance companies do things differently. Some will pay fair settlements without you having to go to court, but some won’t. Nowadays, it’s common to have to file a lawsuit to in order to get fair value on an injury claim. Talk this over with your lawyer early on! Ask them if they are willing to go to court if necessary. Then when the time comes, hold them to it!