Why Would An Alaska Car Accident Claim Go To Trial?
Car accidents can be stressful and traumatic experiences, often resulting in personal injury claims. However, it may come as a surprise to learn that only a small percentage of these cases proceed to trial.
According to statistics, approximately 4% to 5% of car accident claims in Alaska are ultimately decided by a judge or jury. Around 95% to 96% of the cases are settled before a lawsuit is filed or during the pretrial phases. This means that if you find yourself involved in an Alaska car accident, chances are you won’t have to appear in court to resolve your claim.
Your Evidence on Fault is Weak
One key factor in a car accident claim is the ability to prove that the other driver was negligent and that their negligence directly caused the accident and your injuries. To support your claim, find and collect solid evidence of fault.
This evidence might include photographs and videos of the accident scene, such as the intersection or stretch of road where the collision occurred, traffic signals, signage, vehicle damage, skid marks, and any relevant physical factors or weather conditions.
If your evidence of fault is weak or insufficient, it could increase the likelihood of your case going to trial. In such situations, seeking legal assistance from an experienced Alaska accident attorney becomes crucial. They can help evaluate your case, gather additional evidence, and strengthen your position to pursue a fair resolution.
You Submitted Incomplete Medical Records
Apart from establishing fault, another essential aspect of a car accident claim is providing proof of your injuries. Your injuries’ severity directly affects the compensation you may be eligible to receive.
Medical records serve as a crucial piece of evidence in demonstrating the extent of your injuries. These records should include details such as the diagnosis, treatment received, prognosis, and other relevant aspects of your medical care.
Submitting complete and comprehensive medical records is essential when filing an insurance claim. It can weaken your position if you fail to provide the necessary documentation, such as physician’s notes, your medical history, imaging results (X-rays, MRIs, CT scans), or records showing how your injuries have led to significant physical limitations. Incomplete medical records may lead to disputes and increase the likelihood of your case going to trial.
You Failed to Seek Prompt Medical Care
Another factor that could cause your car accident claim to go to trial is your failure to seek prompt medical care. The immediate aftermath of a car accident can be overwhelming, and prioritizing your well-being is important. Seeking medical attention without delay is crucial for your health and establishing a clear link between the accident and your injuries.
If you choose to delay or altogether forego medical treatment, it may send a message to the insurance company and, if the case goes to trial, the jury that your injuries were not severe or significant. This lack of diligence in seeking medical care can impact the perception of the seriousness of your injuries and potentially affect the outcome of your case.
If you are involved in a car accident in Alaska, many factors could lead to your claim to go to trial. Weak evidence of fault, incomplete medical records, and failure to seek prompt medical care are some of the reasons that may increase the chances of litigation. Because of these factors, you should seek professional legal advice to navigate the claims process and work toward a fair resolution.
