Taking a Personal Injury Case to Court: Is It Worth It?

Any type of accident can cause severe injuries that are expensive, take a long time to recover from, and cause irrevocable damage to victims. Whether you have been injured in a car accident, at a place of business, or on the job, it is only natural to wonder how you will be compensated for the injuries that you have suffered. 

Though most personal injury cases do not make it to litigation, it is wise to be prepared in the event that the insurance company does not approve your claim or makes a low-ball offer. Connecting with a reputable and aggressive Southern California personal injury lawyer can offer you the best chance of recovering adequate damages for the injuries that you have sustained. 

Learn more about taking your personal injury case to court below. 

When You Should File A Personal Injury Lawsuit 

For some, the most difficult decision to make is whether or not they should hire a Southern California personal injury lawyer or represent themselves. Your decision will likely depend on the severity of your injuries and the complexity of your case. Some of the most complicated cases include medical malpractice, cases involving catastrophic injuries, and other types of high-dollar cases. 

Other cases, such as car accidents, slip and falls, and premise liability claims are often settled out of court with the insurance provider of the at-fault party. Strong evidence and clear arguments help to win any personal injury suits. An experienced attorney can advise you of the potential worth of your case and whether or not it is advisable to file a personal injury suit. 

Where to File a Personal Injury Suit

The maximum amount that a person can sue for in small claims court is $10,000. The benefit of small claims court is that cases are heard sooner, the process is less formal, and in California, attorneys are not allowed to appear for parties in small claims court. 

However, this will likely not stop a defendant from consulting with an attorney before their court date. If your case is more complicated and you are seeking more than $10,000 in damages, you will likely want to consider litigating your case in a higher court that has a substantially greater jurisdictional limit. 

Facing the Insurance Company Lawyers Alone

Though you may have been injured by a negligent or careless person, they will likely not represent themselves in court. If they are insured, their insurance company has a “duty to defend” its clients. Remember, these attorneys are paid to win. 

Furthermore, in higher courts, you will be held to the same standards as the defendant’s attorney. In many cases, those that choose to go to court without hiring a Southern California personal injury lawyer are at a significant disadvantage and can become overwhelmed. 

Before You Take Your Case to Court

Before taking your case to court, it is imperative that you have enough evidence to win. No matter which type of court you file your lawsuit in, the strength of evidence that you provide will largely decide the outcome of your case.