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Do I have to Go to Court to Get a Settlement?

It is not required that you in appear in court in order to reach a settlement. Settlements agreements are often made prior to a court appearance. The necessity of a court appearance depends on your ability to reach a settlement with the insurance company of the at-fault party.

There are several reasons why court may prove the best option in your personal injury claim:

  • The insurance company denies your claim. If the insurance company outright denies your claim and you do not feel that it was done with good cause, you may choose to pursue your claim in court with a possible outcome determined by the court.
  • The insurance company ignores your claim. If the insurance adjuster does not respond to your demand or fails to respond during any part of the negotiation process, you may choose to stop pursuing the negotiation route and instead file suit in court.
  • The claims adjuster is uncooperative and difficult to work with. Every claims adjuster is different and some can make negotiations very difficult with unreasonable requests for documents, such as medical records that were previously provided on multiple occasions. The adjuster may also act in a rude and condescending manner, refusing to listen or consider your assertions.
  • The statute of limitations is looming with no reasonable expectation of settlement. It’s important to remember the applicability of the statute of limitations to your case. You have a definite amount of time to file your case in court. If the statute of limitations runs out before you file, you may be prevented from ever filing your case in a North Carolina court. Sometimes, the goal of the insurance adjuster is to delay negotiations until the statute of limitations runs out. If time is close to running out, don’t hesitate to file your claim.

The filing of a court case does not automatically end the settlement agreements. Both sides are able to continue negotiations for as long as the case continues. Until the court makes a ruling on the case, you and the insurance company have the ability to reach a settlement agreement.

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