When filing an insurance claim is not an option, going to court could be your only chance of recovering your losses. However, your Georgia car accident attorney may not like the idea of a court trial. They should, of course, explain their reasons, and you should wait to hear what they have to say before judging their reaction.
It could be something related to your case details, having your best interests at heart. It could also be related to their own experience, abilities and availability. They are the only ones who can clarify things for you. Until you receive an answer, the following common reasons why Georgia car accident lawyers refuse to go to court may help.
Common Reasons Why Albany Car Accident Lawyers Refuse to Take a Case to Court
1. The Party at Fault Does Not Have the Means to Pay
One of the first things an experienced Georgia car accident attorney does, upon taking a new case, is to assess recovery options. The law may be on your side, but that is of little help when the party at fault does not have the means to pay.
If the party at fault is uninsured, they probably could not afford the insurance. Before condemning your car accident lawyer for not wanting to sue them, check the financial situation of the defendant. Are they employed? Do they have assets to their name? What debts and family support obligations do they have?
A favorable court verdict will be useless if the party at fault is broke or bankrupted. Not only that you will not be able to recover your losses but you will actually lose more. Court trials involve expenses as well. Think filing fees, expert testimonies and evaluations, attorney fees, and more!
2. Your Own Fault Percentage Bars Recovery, or the Compensation Amount Does Not Justify a Court Trial
According GA Code § 51-12-33, only claimants who were less than 50% at fault for their accident can recover. The amount they recover will be reduced according to their fault percentage. Moreover, court trials involve considerable expenses as well.
If your Georgia car accident attorney does not want to take your case to court, this could be one of the reasons. Perhaps the evidence available point to a higher than 50% fault percentage. Perhaps the amount they could recover does not justify the expenses and the effort.
You should find our their reasons before getting in touch with another car accident lawyer. You may be able to find one that will take your case to court and charge you no matter the final verdict. Not only that you would recover little to nothing but you could find yourself owing a small fortune in attorney fees.
3. The Evidence You Have Will Not Stand in Court
In order to obtain compensation for your losses in court, you will have to prove several aspects beyond reasonable doubt. You will have to supply solid evidence that:
- The party at fault owed you a duty of care and they breached it.
- Had it not been for their breach of duty, the accident would not have occurred.
- The losses you are seeking compensation for were the direct result of the accident and justify the value of your claim.
Your medical records may prove useless if they do not make it clear that the treatment you received was for injuries caused by your accident. The witnesses you have could be easy to discredit. Perhaps you neglected to gather evidence from the accident scene, and now it is your word against that of the defendant’s.
The defendant may have considerable evidence against you as well, or they may have an experienced car accident lawyer, able to dismantle any piece of evidence you present. Evidence standards for insurance claims are lower than those for court trials. Experienced lawyers will not go to court if they know they cannot win.
Sometimes, Car Accident Attorneys Refuse to Take Cases to Trial Because They Lack Court Experience
Filing an insurance claim is far simpler than representing clients in court. The formalities involved are fewer, the evidence standards are lower, and the procedures usually end sooner. Before making a decision on whether or not to accept your attorney’s refusal to go to trial, check their court experience. If they do not have any, consider having your case reviewed by a lawyer who does.
Consult a Georgia Car Accident Attorney with Significant Court Experience Today!
At Joe Durham Jr. P.C., we have been defending our clients’ interests in Georgia courts on numerous occasions. We know court rules and procedures by heart, and we always find a way to win. Call our office and schedule a free consultation! It is the easiest way to find out if your case is worth taking to court or your Georgia car accident attorney was right.