The 5 Factors Which Can Cause Your Auto Injury Case to Go to a Trial
Injury Attorneys Serving Denver, Boulder & Fort Collins, CO
At the Tenge Law Firm, we always strive to settle your auto injury case whenever possible. However, there are some instances when this is not in your best interest. J. Todd Tenge has more than 20 years of litigation experience, and he prepares every case as if it will go to trial. If the settlement offered by the negligent driver’s insurance company doesn’t adequately compensate your for the damages you’ve suffered, he won’t hesitate to fight for your rights in court.
This page will provide some basic information about the 5 most common factors which result in an auto injury case going to trial, but it can’t make recommendations about your unique case. The best way to find out your chances of going to trial is to speak with Mr. Tenge in person. Please call (303) 665-2929 today to schedule a free consultation at one of our offices in Denver, Boulder, or Fort Collins.
1 – Minimal property damage to the involved vehicles.
Even though there really is no medical, scientific or physiological connection between “damage to the car” and “damage to the occupant,” an auto injury claim involving little or no damage to the vehicles involved in the crash can be a significant stumbling block to resolving the case before an actual trial.
It does make it more difficult for some jurors to render a verdict in favor of the plaintiff where the pictures of the car don’t really show that “someone must have been hurt in the crash.” As a result, insurance companies often defend these cases harder and offer much lower settlements. In these situations, you are often forced to go to trial in an attempt to achieve fair compensation.
2 – Significant pre-existing injuries and treatment.
If you have a significant history of a low back problem (for example), with medical treatment, it is harder to establish that the car accident actually “caused” the low back injury sustained in the collision. Thus, where there is some doubt as to whether the injuries complained of were actually caused by the accident or were “pre-existing,” insurance companies may provide “low ball” offers.
As a result, these auto injury cases go to trial more often than cases without pre-existing injuries and treatment. Obviously, if the pre existing injury and/or treatment is unrelated to the injuries sustained in the auto accident, it will have no impact.
3 – Multiple accidents.
If you’ve been involved in multiple accidents, the issue of “causation” (which accident caused your injuries, damages and losses) becomes much more complicated and significant. As a result, this tends to result in lower insurance company settlement offers. Often, you will be forced to take your auto injury case to a trial in an attempt to obtain fair and just compensation.
4 – Delayed onset of medical care or lapses in medical treatment.
These are very big problems. They can ruin your chances for a significant and fair settlement. As a result, auto injury cases with these problems tend to go to trial more often than cases where the plaintiff sought medical care immediately and continued to receive medical care in a consistent manner, in line with the recommendations of their medical providers.
It really is common sense. If you did not seek medical care for weeks or months after the initial injury, the insurance company (and even the jury) may find it harder to believe your injury claims. Also, if you have significant periods where you were not seeking medical care, it will have the same result — especially if your medical providers have prescribed treatment.
5 – Failure to Prepare for Trial.
The best way to resolve your case without the necessity of a full trial is to prepare for trial from the start. Mr. Tenge is willing to go to trial if it’s necessary, and will always prepare and handle the case from the start with that end goal in mind.
In most instances, a fair settlement is much more likely to be offered when the insurance company realizes that you’re prepared to take them to court to recover the compensation you truly deserve.
If you’ve been injured in a car accident caused by the negligence of another driver, please contact the Tenge Law Firm using the form at the top of this page or call (303) 665-2929 today to schedule your free consultation. Mr. Tenge serves clients in Denver, Boulder, and Fort Collins, Colorado.