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What are the benefits of taking a personal injury case to litigation?

When someone has been injured due to the negligence of another party, it can be a challenging time. Medical bills, lost wages, and physical and emotional pain can all add up quickly, making it difficult for victims to move on with their lives. In Missouri, one option for seeking compensation for these damages is through litigation. While litigation can be a lengthy and expensive process, there are many benefits to pursuing a personal injury case through the courts.

  1. Greater potential for compensation: One of the most significant benefits of filing a lawsuit in a personal injury case is the potential for greater compensation. While insurance companies may offer a settlement, these offers are often much lower than what a victim would receive in court. Insurance companies are in the business of making a profit, which means they will try to pay out as little as possible. In court, a judge or jury can award a victim a higher amount of compensation, which can make a significant difference in their ability to recover from their injuries.
  2. Accountability: Another advantage of pursuing a personal injury case through litigation is that it holds the negligent party accountable for their actions. When someone is injured due to the negligence of another party, that party should be held responsible for their actions. Going to court can send a message to the negligent party and others that this behavior will not be tolerated. Additionally, it can provide a sense of closure and justice for the victim and their loved ones.
  3. Preservation of evidence: When a personal injury case goes to litigation, the parties involved are required to disclose all relevant evidence. This can include medical records, witness statements, and other documentation that can support the victim’s case. Additionally, witnesses can be called to testify, and experts can provide opinions on the victim’s injuries and the impact they will have on their life. This evidence can be critical in proving the negligence of the other party and securing compensation for the victim.
  4. Control over the process: When a victim goes to court, they have more control over the process. They can choose their attorney and have a say in how the case is handled. Additionally, they can choose whether to accept a settlement or take the case to trial. While litigation can be a lengthy and time-consuming process, victims have the ability to decide whether it is worth pursuing compensation through the courts.
  5. Statute of limitations In Missouri: There is a statute of limitations for personal injury cases. This means that there is a limited amount of time in which a victim can file a lawsuit after their injury. If a victim waits too long to file a lawsuit, they may lose their right to seek compensation.

If you or a loved one have been injured as a result of someone else’s negligence, please reach out to The A.W. Smith Law Firm for a free, no-obligation case evaluation.