Why Would an Alaska Car Accident Claim Go to Trial?
Car accidents are among the most common types of personal injury claims, but you might be surprised to learn that very few of these cases will actually go to trial. Statistics indicate that around 4% to 5% will go the distance and be decided by a judge or jury; the remaining 95% to 96% are settled before filing a lawsuit or during the pretrial phases. If you were hurt or lost a loved one in an Alaska auto collision, chances are good that you will not ever have to appear in a courtroom to resolve your claim.
As for the vehicle crash claims that do result in a trial, there are many reasons the parties were unable to reach an agreement to settle. Keep in mind that you are typically dealing with an insurance company when seeking compensation from a negligent motorist. It is easy to say that the insurer is being unreasonable and stingy in offering a fair amount, since these companies are focused on profits. However, failure to settle could also be linked to weaknesses in your case that require legal help from a skilled Alaska car accident attorney.
Your Evidence on Fault is Weak
One of the most important factors in an auto collision claim is being able to prove that the other motorist was negligent, and this careless misconduct was the direct cause of the accident in which you were injured. Solid evidence of fault that would support your claim might include photos and video of:
- The intersection or stretch of road where the crash occurred;
- Traffic signals, signage, and other controls;
- Damage to vehicles;
- Skid marks; and,
- Physical factors and weather conditions.
You Submitted Incomplete Medical Records
Aside from fault, the other essential factor in a car accident claim is proof of your injuries – which will be relevant to the amount of compensation you may qualify to recover. Medical records are the most effective way to meet this level of proof, including documents covering diagnosis, treatment, prognosis, and other aspects of care. It is necessary to submit this information when you file your insurance claim, so your position is weakened if you did not provide:
- Physician’s notes;
- Details of your medical history;
- X-rays, MRIs, CT scans, and other imaging results; and,
- Records showing how your injuries caused serious physical limitations.
You Failed to Seek Prompt Medical Care
Part of the reason your medical records might be incomplete is your own lack of diligence in getting medical attention. If you did not visit the ER, urgent care, or your primary care physician, you are basically telling the insurance company you were not hurt too badly. Delays or failure to seek treatment send the same message to the jury, potentially impacting your success at trial.
Our Anchorage, AK Car Accident Lawyers are Prepared for Litigation
To learn more about legal options for resolving an auto crash claim, please contact Power & Power Law in Anchorage, Alaska. You can call 907-222-9990 or go online to schedule a free consultation with one of our skilled personal injury attorneys.