Do I Have to Go To Trial?

January 28, 2011 | Personal Injury FAQ

Most people equate a personal injury action with trials seen on television. While an injury victim always has the right to a trial by jury, it is not always conducted in every case. A jury trial is a tool for injury victims to level the playing field with large insurance corporations and unwilling negligent parties. Trial by jury is a community system of checks and balances which is warranted in many cases.

Under the laws of the state of Missouri, when an individual is injured through the negligent conduct of another, the injured party is entitled to seek reimbursement for their harms and losses related to their injury. This typically means that a person is submitting a personal injury claim to an insurance company or an uninsured individual. It is the job of a lawyer for personal injuries to compile the case for an injured victim while they recover. Once the injured party has completely recovered, the process of claim submission begins.

A personal injury claim is submitted to a claims adjuster for the negligent party’s insurance company. A personal injury lawyer will present the insurance company with a complete record of the victim’s damages, including medical bills, lost wages, future medical treatment, and other out of pocket expenses. It is at this point that the insurance company makes an offer to satisfy the injured party’s claim for reimbursement for their injuries. Occasionally, the insurance company will make an offer that is reasonable for the harms sustained. There are often times when the insurance company attempts to deny an injury claim in an attempt to save the insurance company money. Injury victims must be aware that insurance companies operate for a profit, and this profit is made by taking in more money than they payout. It is under these circumstances when an injured party is advised to proceed forward with a community jury trial. An injured party has the absolute right to deny any low offer from an insurance company and have their case assessed by a Missouri community jury. A personal injury case is tried to a local jury of 12 people who are able to evaluate the case and ensure the victim receives proper reimbursement for their harms and losses.

If you or a loved one has experienced an unfair offer from a large insurance corporation, a Missouri personal injury lawyer will prepare your case for trial. A community jury will have the opportunity to hear all sides of the case and hold the insurance company responsible for their contractual obligations. For an experienced trial attorney, contact Christopher R. Dixon at (314) 208-2808 We are honored to represent Missouri injury victims in their fight for justice.