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No Settlement? How Do I Go to Court?

Sunday, June 1, 2014
The decision to go to court is not easy. Consider your options.

If you have a legitimate personal injury case and the insurance company will not settle for a fair value on you case, then the only way to get the insurance company to pay is to file suit and go to court.

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Our lawyers are trained to draft legal pleadings and take your case to court. Your lawyer will explain that, depending on the size of your case, you will have two choices: (1) file suit in circuit court, or (2) file in General District Court.

The difference is simple. General District Court permits personal injury suits up to $25,000. If your claim is worth less than $25,000, then it would be more cost effective to file in General District Court as opposed to Circuit Court. In GDC there is no discovery, no interrogatories, no depositions, no significant motions to limit evidence and no need to bring in expensive doctors to testify. It is also a lot faster to get to a trial. All of that means that your case will be cheaper to try but it also comes with its restrictions. For example, there is no process for a jury trial in GDC and you leave your case in the hands of a judge. Additionally, you are limited to $25,000.

If you are unhappy with the result of your GDC trial, then you can appeal to Circuit Court and you can get a new trial with a jury.

You should seek the advice of a qualified personal injury lawyer to help you with this complicated decision process. At Overbey, Hawkins & Wright, we offer free consultations to discuss matters such as this with you.

Posted by Brandon S. Osterbind, Esq.