Car accidents can be stressful and the thought of having the case go to court and trial can add extra stress. Many car accident victims worry about everything that needs to be done in order to get compensation for the costs associated with the accident. Most car accident claims are settled before the case goes to trial, but there can be a number of reasons why your case may end up with a trial.
The decision to settle or go to trial will depend on the case. The parties usually have a strong incentive to settle instead of going to court, in order to avoid a trial and extensive legal fees. When it comes to your case, the decision to go to trial or pursue a settlement can be a difficult choice.
Why Settle?
The quickest way to get your case done with and get compensation is to reach a settlement agreement. When both parties settle then they can save money, effort, and time. The settlement is an agreement between the insurance company or negligent party and the victim. It will outline the potential outcome and listed demands. Settlements can either be a lump sum or structured with a payment plan. Working with an attorney can help because they can negotiate this settlement for you. Attorneys are experienced with dealing with insurance companies and have negotiation skills you may not have on your own.
Why Cases Go to Trial
There are a couple reasons why a case may go to trial. It’s actually pretty rare for a car accident case to make it to trial and most insurance companies want to quickly resolve any claims during the settlement process.
The Insurance Company Doesn’t Want to Settle or the Settlement Isn’t Fair
By the time you end up at this phase, your lawyer has already tried working with the insurance company to get you a fair settlement and they still haven’t budged. In most claims, the insurance company offers a low settlement for damages. This amount is usually not even close to the full extent of the costs, so your lawyer works for you to get a better settlement. The other reason is the insurance company may also try to blame you for part of the accident or look for other factors, so the driver’s liability is reduced. In many cases, a settlement can be reached and then the case is settled. However, if this doesn’t happen, you may have to file a lawsuit and have the case go to trial in order to get the compensation you need.
There Is No Agreement on Who Is at Fault
If the insurance company wants to put the blame on you, but you believe you are not at fault for the accident, then the case can go to trial.
The At-Fault Driver Doesn’t Have Insurance
The case may need to go to court if the driver doesn’t have insurance or is underinsured. Without insurance, there is no way to file a claim for your damages. The issue with going to court with a driver who doesn’t have insurance is that they usually don’t have any assets or money you can get. This is why they risked driving around without insurance. Your options could be limited, but this is usually why these types of cases end up in court.
What to Expect if the Case Goes to Court
A jury will usually decide the key issues for a car accident case instead of a judge. A car accident case can be decided by a judge if both the defendant and plaintiff agree to waive the right to a jury trial. This decision can be discussed with your lawyer. You have the right to a jury trial. After the jury selection then each side will present evidence. The plaintiff’s side will present the evidence first since the plaintiff has the burden of proof. Your attorney presents evidence in the case, including witnesses. Witnesses can testify to what they observed caused the crash. You may also have a doctor to testify about your injuries that happened because of the accident. This is why it’s necessary to have documentation about your medical care, as well as expenses and bills. After the lawyer presents the evidence of your case to the jury then the defense gets a turn. The defense then will present its witnesses who may contradict the testimony for the plaintiff.
When you file a personal injury claim after a car accident, you need to prove negligence if you are going to win a settlement. There are four key elements of negligence, which include duty of care, breach of duty, causation, and damages. As part of duty of care, the other driver had a duty to operate the vehicle with a level of care regarding other people on the road. The next point is when a driver breaches duty by not doing or doing something that put someone else in harm’s way. For example, this could be running a red light or speeding. It needs to be the other driver’s breach of duty that caused the injuries or the damages. Damages refer to your losses and injuries because of the accident. These are both psychological and physical wounds, lost wages from missing work or no longer being able to work, and any property damage as a result of the accident. Your lawyer will help determine the best strategy for proving the case.
What to Do to Help Your Car Accident Claim
There are things you can do to help your claim after a car accident. If you are injured seriously and aren’t taken by first responders and an ambulance to the emergency room, then see a doctor as soon as you can after the accident. This is especially important even if you don’t think you are injured. Some injuries do show up later and your medical records are an important piece of evidence for your claim. Get contact information for the officers that respond to your accident and get a copy of the police report. If you have witnesses to the accident, then ask for recorded or written statements from them. If it’s not possible to do this at the scene then get contact information so your lawyer is able to get statements later. If it’s possible, take video and photos of the accident scene and the cars. Keep documents and written notes about your injuries and pains and how your day-to-day life is affected.
Working with a Lawyer
If you have been injured in a car accident, working with a car accident lawyer in Charlotte has its benefits. Whether it’s help negotiating a settlement or representing you in court, your lawyer is there to help you build a strong case.
