If you’ve been injured in an accident that wasn’t your fault in Milwaukee, it’s your right to file a personal injury claim and seek compensation. In 2020, there were over 17,000 car crashes reported by the police in Milwaukee, with over 7,000 hit-and-runs. Reckless driving and dangerous road conditions have become a growing concern for safety. Intersections such as 27th and Center Street and narrow corridors on the I-94 and I-35 are known for car accidents and accident-related fatalities.
The defendant’s insurance company usually negotiates an out-of-court settlement with the plaintiff’s lawyer. However, sometimes your claim might not settle out of court and proceed to trial. Suppose you are a Milwaukee resident and have sustained injuries in an accident due to someone else’s negligence. In that case, you must contact a reliable law firm with experienced lawyers, such as Milwaukee personal injury lawyers at NicoletLaw.com. Personal injury trials can often be long and complicated, especially when you don’t have an attorney.
This article focuses on what happens when your personal injury claim fails to settle out of court. Keep reading to learn how personal injury accident claims work in Milwaukee.
Why Do Personal Injury Claims Go To Court
Normally, when you file a personal injury claim, your attorney negotiates an out-of-court settlement with the defendant or their insurer. However, a few unique instances exist when the case proceeds to trial. Below are some reasons why your personal injury claim might go to court in Milwaukee.
The Defendant Denies Liability
If the party you’re accusing of being responsible for the accident that caused you the injuries maintains its innocence, its insurer might not offer a settlement and opt to go to trial. They’ll then present their defense and wait for the court’s judgment.
The Case is Too Complicated
Sometimes, an injury accident case is too complicated to solve out of court. For instance, if multiple parties were responsible for the accident, it can be difficult to decide who is supposed to pay the damages.
Since Wisconsin applies modified comparative negligence, the court will decide how responsible each party was. Therefore, if you were less than 50 percent at fault, you can still receive compensation, reduced by the percentage of fault assigned to you.
The Insurance Company or Defendant Are Unresponsive
If the defendant and their insurer don’t respond to your claim, your lawyer will take the case to trial. This will force them to appear before the court and present their defense or offer a settlement.
The Insurance Company Doesn’t Want to Set a Precedence
Sometimes the insurance company might decline to offer a settlement hoping to get a favorable verdict in court. They do this because offering a settlement for one case will set a precedent for other accident victims who might file injury claims hoping to get a similar settlement.
What Happens When a Personal Injury Accident Claim Goes to Court?
Suppose your personal injury accident claim goes to court. In that case, you’ll need an attorney to help you build a strong case because it’s likely that the defendant’s insurer will have a team of lawyers to help them pay as little compensation as possible.
Below are a few things you can expect when your personal injury accident case goes to court in Milwaukee:
You Might Have to Testify
While not all cases require you to appear in court, you might need to testify if your case requires more clarification. In most cases, you’ll be required to talk about the following:
- The events that led to the accident.
- The pain and suffering you’ve undergone as a result of the accident.
- The severity of your injuries.
- Who do you think was responsible for the accident?
While many people are nervous about testifying in court, a good personal injury lawyer will prepare you adequately and ensure you give all the details that could help your case.
You Can Still Settle
Interestingly, you can still settle personal injury cases, even when they’re on trial. If the defendant offers you a settlement at any time before the jury’s verdict, you can still take it and end the trial prematurely.
A Jury Will Decide
If you don’t settle during the trial, the judge and jury will make a verdict in your or the defendant’s favor. If they rule in your favor, you will receive compensation from the defendant or their insurer.
You Can Still Appeal
You can still appeal the case if you’re not satisfied with the court’s verdict. If your appeal is successful, a fresh trial will begin. However, if you don’t appeal, the jury’s decision will be final.
To Wrap it Up
It’s important to file a personal injury claim if you’re injured in an accident that wasn’t your fault. If your defendant’s insurer doesn’t offer a satisfactory settlement, your attorney can help you take the case to trial and get the compensation you deserve.
