When a case does not settle, we begin litigation. Litigation refers to the formal legal process of resolving a dispute through the court system. In a personal injury case, it means filing a lawsuit against the at-fault party when a fair settlement cannot be reached by negotiating with their insurance company.
When you file a personal injury claim, you hope that the insurance company will quickly settle it by paying the fair value of your damages. However, insurance companies rarely pay the full value of your claim willingly. They often try to deny, delay, or devalue your claim, hoping you will settle for much less than it is worth.
At Anderson Blanda & Saltzman, our Lafayette personal injury lawyers hold insurance companies accountable for paying our clients the compensation they are entitled to. Insurance companies know that we have over 100 years of combined trial experience, with a 99% success rate, and that we are ready to move forward with litigation. Because of that, most of our cases settle without going to court.
Are Most Personal Injury Cases Litigated?
The vast majority of personal injury claims settle without going to trial. However, many cases must proceed to litigation before they are settled. Typically, if an insurance company does not resolve a claim fairly within a reasonable time, we will file a lawsuit and begin litigation.
Even after filing suit, most cases settle before getting to trial.
Why Do Personal Injury Cases Go To Trial Instead of Settling Out Of Court?
Personal injury cases go to trial instead of settling out of court when the at-fault party or their insurance provider refuses to pay the fair value of a claim.
The insurance company may deny your claim in its entirety and refuse to negotiate in good faith. Or they may offer to settle your claim for a fraction of what it is worth. When this happens, we file a lawsuit, prepare your case for trial, and go to court to demand the compensation you are entitled to.
In some cases, the insurance company may argue that the injury victim is at fault, or partially at fault. Beginning January 1, 2026, Louisiana will use a modified comparative negligence model with a 51% bar. If the insurance company can shift more than half the blame to you, they will not have to pay you anything. Even if they can’t prove you were 51% or more at fault, any amount of blame they can shift to you will reduce the amount they must pay.
In other cases, the at-fault party may not have insurance coverage. If they don’t have coverage but have assets that can be used to pay your damages, it may be necessary to file suit and litigate your claim. If we obtain a judgment against them, we can seize their assets to satisfy your claim.
Why Do I Need a Personal Injury Attorney If My Case Does Not Go To Trial?
Your chances of securing maximum compensation for your damages are much higher if an experienced Louisiana personal injury attorney represents you. Your attorney can investigate your accident to identify causation and liability and take fast action to preserve vital evidence to prove your claim.
They can help negotiate a fair settlement as quickly as possible, and if one is not reached, they can file suit and begin litigation. When an at-fault party and their insurer know that you are prepared to take them to court to recover the compensation you deserve, they will usually settle your claim fairly rather than risk going to trial.
Schedule a Free Consultation With an Experienced Louisiana Personal Injury Attorney Today
If you have been injured in an accident caused by another party’s negligence, we want to help you. Most personal injury claims are settled without going to court.
However, at Anderson Blanda & Saltzman, our Louisiana trial attorneys have a 99% success rate and are well-prepared to take your case to trial to help you secure maximum compensation for your damages if a fair settlement cannot be reached.
Call (337) 233-3366 or complete the short form on our contact page to schedule a free consultation to discuss your claim.