When an insurance company refuses to settle your injury claim fairly, your case may go to trial if no agreement can be reached through negotiation. At Phillips Law Offices in Chicago, Illinois, we fight to ensure that insurance companies do not take advantage of victims. If you’ve been injured and the insurer won’t pay what you deserve, we are ready to take your case to court and pursue the full compensation you’re entitled to.
Understanding Why Insurance Companies Refuse to Settle
Insurance companies are businesses focused on protecting their profits. When a claim is filed, they often try to limit payouts or deny liability altogether. There are several reasons why they might refuse to settle:
First, insurers may believe that your injury claim lacks sufficient evidence. They could argue that your injuries are not as serious as claimed or that another factor, such as a pre-existing condition, caused your pain. In these cases, they hope to discourage you from pursuing your claim further.
Second, they may dispute fault or liability. For example, in a car accident case, an insurance adjuster might argue that you were partially responsible for the crash, which reduces or eliminates their obligation to pay under Illinois’ comparative negligence laws.
Finally, insurers sometimes use delay tactics or offer low settlements early on, expecting that injured victims will accept less just to move forward. When these tactics fail, they may refuse to settle, forcing you and your attorney to consider taking the case to trial.
What Happens When the Insurance Company Refuses to Settle
When settlement negotiations fail, the next step is to prepare for litigation. This means filing a lawsuit against the responsible party and allowing the case to proceed through the Illinois court system.
At this stage, your attorneys at Phillips Law Offices will file a formal complaint, gather additional evidence, and prepare your case for trial. Discovery begins, where both sides exchange documents, witness statements, medical reports, and expert opinions. This phase is crucial because it strengthens your case by exposing inconsistencies or weaknesses in the defense’s position.
During this process, insurance companies may still choose to reconsider settlement after realizing the strength of your claim. Many cases settle even after a lawsuit is filed, often before trial begins. However, if the insurer remains firm in refusing a fair settlement, your case will move to the trial stage.
How a Trial Works in a Personal Injury Case
If your case proceeds to trial, it will be heard by a judge or jury. The court process begins with opening statements, where both your attorney and the defense outline their positions. Evidence will then be presented, including medical records, witness testimonies, accident reports, and expert evaluations.
Your attorney’s role is to clearly demonstrate how the defendant’s negligence caused your injuries and how those injuries have impacted your life. This includes showing medical costs, lost wages, pain and suffering, and future care needs. The insurance company’s defense team will attempt to challenge this evidence or shift blame.
Once both sides present their cases, the jury deliberates and delivers a verdict. If they rule in your favor, the court will award damages based on the evidence presented. Trials can take time, but they often result in higher compensation than early settlement offers, especially when the insurer initially undervalued your claim.
The Benefits of Having an Experienced Trial Lawyer
Having a law firm with trial experience is one of the most powerful advantages when an insurance company refuses to settle. Many insurers change their position once they know the claimant’s attorney is fully prepared for court.
At Phillips Law Offices, our attorneys have decades of experience handling complex injury cases across Illinois. We prepare every claim as if it will go to trial, ensuring that every piece of evidence and witness testimony is ready. This thorough preparation sends a strong message to insurance companies that we won’t back down or accept unfair offers.
Our reputation as aggressive, results-driven litigators often leads to better settlement outcomes for our clients—without ever stepping into a courtroom. However, when a trial becomes necessary, we are always ready to stand before a jury and fight for justice on your behalf.
How Long Does It Take for a Case to Go to Trial?
The length of time before your case reaches trial can vary depending on several factors. Generally, it can take months or even years from the date a lawsuit is filed. Courts in Illinois follow structured timelines, and delays may occur due to scheduling, the complexity of the case, or the volume of evidence.
During this period, your attorney will continue to engage with the insurance company. Often, cases settle after depositions or before pre-trial hearings. Even as the trial approaches, settlement negotiations remain open, as insurers prefer to avoid the risk and expense of losing in court.
While the process may seem lengthy, the goal is to ensure that your rights are fully protected and that every detail of your claim is supported by strong evidence. Patience and experienced legal guidance can make all the difference in achieving the best outcome.
Common Myths About Going to Trial
Many injury victims fear going to trial because they believe it will be stressful, time-consuming, or too risky. However, these beliefs are often misconceptions fueled by lack of information.
One common myth is that trials are unpredictable and victims rarely win. In truth, when your case is well-prepared and supported by clear evidence, juries often side with plaintiffs who were genuinely harmed. Another misconception is that a trial will drag on for years; while some cases take time, most conclude within a reasonable period once the court date is set.
Finally, some victims think going to trial means losing control of the outcome. In reality, you and your attorney work together to make strategic decisions at every step. At Phillips Law Offices, we keep our clients informed, confident, and ready—whether the case ends in settlement or verdict.
Why Phillips Law Offices Is the Right Choice in Illinois
When you face an insurance company that refuses to pay fairly, you need a law firm that stands firm. Phillips Law Offices, located at 161 N Clark St, Suite 4925, Chicago, IL, has been representing injured clients across Illinois for decades.
We understand how insurers operate, and we have a proven record of securing substantial settlements and verdicts for our clients. Our firm believes in personal attention, strategic preparation, and relentless advocacy. We handle all communication with the insurance company, manage negotiations, and build a strong case from the ground up.
Our promise is simple: Free Consultation | No Fee Unless You Win. We fight tirelessly for justice, ensuring you receive the compensation you deserve for your injuries, losses, and emotional suffering.
What You Should Do If Your Insurance Claim Is Denied
If your insurance company refuses to settle, do not give up. The first step is to contact an experienced personal injury attorney immediately. Delaying legal action can weaken your case, as evidence may be lost and witness memories fade.
Keep all documentation related to your claim, including medical reports, repair bills, and correspondence with the insurer. Share these with your attorney during your consultation. A skilled lawyer will evaluate your case, explain your legal options, and outline the best path forward—whether through further negotiation or by filing a lawsuit.
At Phillips Law Offices, we are dedicated to holding insurance companies accountable. We understand the emotional and financial strain a denied claim can cause, and we are here to protect your rights every step of the way.
Call Phillips Law Offices Today
If your insurance company has refused to offer a fair settlement, don’t face the fight alone. Let Phillips Law Offices take over your case and demand the justice you deserve. Our legal team has helped countless injury victims across Illinois recover compensation through aggressive negotiation and successful trial representation.
Call us today at (312) 598-1829
Visit us at 161 N Clark St, Suite 4925, Chicago, IL
Free Consultation | No Fee Unless You Win
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