Will Your Case Go to Court?

One of the most frequently asked questions I get from clients is, “Will my case have to go to court?” And I explain to them that it’s impossible to tell at the outset, but generally speaking, most cases get resolved without ever having to go to court.

The cases that ultimately go to court are those where there is either a genuine dispute as to who’s responsible for the harm done or a difference of opinion on what is fair.

Some of the most challenging cases I’ve worked on involve cases where our clients have special needs or handicaps. They rely on others to care for them but have been mistreated by those who are paid to care for them.

We’ve represented folks who were burned and dropped and had their legs broken. They become tough cases because often, the difficulties that put these people in a situation to rely on others for assistance make it difficult for them to communicate as well.

The most frustrating thing about dealing with insurance companies is that they are run like the corporations that they are.

Being a corporation is not a bad thing, but many people look to an insurance company and don’t understand why they’re not being treated fairly. That’s because the insurance company, even if it’s your own, is not answerable to you but to their shareholders.

So, their decisions in dealing with these individuals aren’t based on notions of justice or fairness. It’s based on what will increase our bottom line or what will be fiscally prudent for their shareholders. So, that is the motivation that’s driving them.

Concepts like fairness and justice get lost. So I think it’s important to have lawyers help injury victims if the goal is to be treated fairly.

Lawyers help gather the evidence that will fairly portray the extent of harm someone has suffered.

They gather the evidence necessary to show the insurance companies what’s needed to fix whatever it is that can be fixed and recognize the harm that cannot be repaired.

Lawyers know what type of evidence will drive an insurance company’s decision. And ultimately, lawyers will help obtain fairness for their clients.

Author Bio

Tim Miley is the Founder of Miley Legal Accident Injury Lawyers, a West Virginia personal injury law firm he formed in 2006. With more than 30 years of experience in personal injury law, he is dedicated to representing clients in a wide range of personal injury cases, including car accidents, trucking accidents, motorcycle accidents, brain injuries, wrongful death, and other personal injury matters.

Tim received his Juris Doctor from Duquesne University and is a member of the West Virginia State Bar and the Harrison County Bar Association. He has helped his clients win more than $10 million in personal injury verdicts and settlements and has further served the people of West Virginia by filling legislative roles in the state’s government since 2004.

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