Often times, we determine that an offer made by an insurance company to settle a personal injury claim is too low and inadequate to properly compensate an injured victim. Other times, an insurance claim is outright denied. In these circumstances, a personal injury lawsuit may be your only option. When this occurs, you will often directly sue the at fault party (known as the “tortfeasor”), though they are likely to be represented by the insurance company’s attorney. In a personal injury lawsuit, the case will either be settled during the litigation process, or the matter will be tried to a judge or jury. 

If a trial is necessary, both sides will argue their respective positions. The jury or judge will be the ultimate decision maker as to whether the at fault party caused the injuries at issue. The fact finder will also be the one to decide how much to award the injured victim.