The Trial Process

Escalating A Claim To A Lawsuit

When facing a personal injury case, there are key moments when filing a lawsuit may become essential. One scenario is when the client is still receiving medical treatment, and the two-year statute of limitations is approaching.

 Filing a lawsuit ensures the claim stays active while treatment continues. Another situation is if the insurance claims adjuster denies the claim or offers an unfair, lowball settlement. If negotiations fail to produce a reasonable offer, escalating to a lawsuit becomes necessary to pursue fair compensation through the courts.

Fundamental Aspects Of The Trial Process

The trial process begins with filing a lawsuit against the at-fault party and their insurance company. The insurance company then responds by filing an Answer, which is their formal response to the claims.

Next is discovery, where both sides exchange information relevant to the claim. The injury victim’s attorney will send a list of questions and document requests to the insurance company, and the insurance company will do the same. You’ll need to work with your attorney to answer these questions, gather documents, and sign authorizations for the insurance company to request records. The insurance company will also respond to the questions and requests. There are deadlines for each party to complete these steps.

Following discovery, there are depositions. This is a sworn statement under oath, where the insurance company can ask the injury victim questions and hear their side of the story. It also gives the victim’s attorney the chance to question the other party.

The final step is the actual trial, where the case is presented in front of a judge or jury for a resolution.

Jeffrey Gennusa and Ana Rodrigues of Gennusa Firm in Louisiana are seasoned personal injury attorneys who have guided countless clients through the complex process of escalating claims to lawsuits. With their vast experience in litigation, they ensure that clients receive fair treatment from insurance companies, especially when faced with low-ball offers or claim denials. Their thoughtful approach to deciding when to escalate a case to litigation has helped many clients secure the compensation they deserve while navigating the legal process with confidence and clarity.

Contact them today for the legal support you need in your personal injury claim.

The Pros And Cons Of Going To Trial

Filing a lawsuit often pushes the case to a more critical level within the insurance company, transferring it to a new adjuster and prompting the involvement of their legal team. This shift in strategy may lead to faster negotiations, as the insurer now faces the potential for trial. Additionally, the discovery phase of litigation provides a powerful opportunity to gather in-depth information about the at-fault party, offering a strategic advantage that can significantly bolster your case.

However, there are certain drawbacks to this going to trial especially when it involves expert witnesses. For starters, the financial burden can be quite substantial. From court filing fees to the cost of serving legal documents and taking depositions, especially when involving expert witnesses like medical professionals, these expenses quickly pile up. Moreover, despite a well-prepared case, your outcome is not guaranteed. The final decision rests in the hands of a judge or jury, whose verdict may be difficult to predict, leaving an element of risk that you may not be comfortable with taking, understandably so.

Guiding Clients Through Deciding On Going To Trial

We don’t file a lawsuit in every case, but sometimes, it’s necessary when the insurance company denies the claim or offers an unfairly low settlement. Another key reason is that if our client is still undergoing medical treatment and approaching the deadline for filing a claim. In Louisiana, injury victims have two years to file a claim or lawsuit, so if treatment is ongoing, we may need to file a lawsuit to preserve their rights.

Regardless, we guide clients through this process by explaining the reasons for filing a lawsuit and the steps involved. We make sure they understand the potential benefits, like buying time for treatment or pushing for a fair settlement, as well as the costs and risks of litigation.

Still Have Questions? Ready To Get Started?

For more information on Personal Injury Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.