If you were in a serious car accident or suffered another type of severe
injury, you need to do everything in your power to seek compensation for
the damage you suffered. Unfortunately, seeking fair repayment is not
always as easy as it seems. In many instances, car accident claims are
resolved in the settlement process, eliminating any need to file a lawsuit.
However, if a settlement cannot be reached, the case may need to go to trial.
Dealing with legal issues is rarely easy, especially if you were seriously
injured and are focused on recuperating and healing after your ordeal.
If you find yourself anticipating going to trial for your personal injury
case, make sure you know what to expect along the way.
When a Settlement Cannot Be Reached
After an accident, one of the first things on the agenda is to file a claim
through the negligent driver’s insurance company. If the negligent
driver is uninsured or lacks adequate insurance coverage, you may also
need to make a claim against your own insurance company. Car insurance
exists for situations like this, where injured drivers require compensation
for injuries and other
types of damage after a crash. When you file a claim, your attorney will negotiate with the insurance
company to attempt to reach a settlement. If the parties are unable to
come to a settlement, perhaps because the insurance will not offer enough
compensation, the case may result in a lawsuit and, ultimately, a trial.
Your Next Steps
When a case goes to trial, the objective is to obtain the maximum amount
of compensation possible. If a case cannot be resolved through a settlement,
going to trial may be the best option.
Preparing For Trial: At the beginning of the trial process, both you and the negligent driver,
with the assistance of your attorneys, will present evidence to a jury,
or possibly a judge. To prepare for trial, each side will need to gather
evidence and make their statements. In order to assist with this step,
the plaintiff can help their attorney collect evidence for their case.
Understanding the Evidence: Anything pertaining to the car accident, including pictures of the accident
scene, the vehicles involved and any visible personal injuries; medical
records from post-accident visits; documentation of lost wages and other
expenses; and other relevant documents may be used as evidence. At this
time, your attorney will be able to explain what type of evidence would
be best for your particular case. Your legal team may also conduct an
investigation to gather other pertinent information to present in court.
Including contacting witnesses and medical experts.
The Trial Process: When a case goes to trial, it will begin with opening statements from
each party. The trial will then move forward with the plaintiff’s
case. Once evidence has been presented and witnesses have been questioned,
the defendant will provide their evidence. Each side will then make closing
statements, and the jury will deliberate before reaching a verdict.
A Verdict: Once the jury has deliberated and decided the issues in the case, they
will advise the judge that they have reached a verdict, which will then
be announced to the parties.
What You Need To Know About Car Accident Trials
Most car accident trials last a few days, although this can vary, especially
if the car accident case is particularly complex. When dealing with a
car accident trial, there are several different issues that can influence
how the trial turns out.
If a case is particularly intricate, it may be more likely to go to trial.
For example, if the car accident involved multiple vehicles, or if the
plaintiff’s injuries are disputed, it could make reaching a settlement
outside of court much more challenging. The case might also be affected
by lack of evidence, preexisting health conditions, property damage, and
lack of insurance. If you are wondering whether or not your case is likely to go to trial,
be sure to discuss your options with your legal team.
Whatever the circumstances of your car accident, it is crucial that you
work with an attorney you can trust. When you work with a knowledgeable,
experienced lawyer, it can make your car accident trial significantly
easier, quicker, and less stressful. If you are ready to get started on
your case, our firm is prepared to help.
Contact Simeone & Miller, LLP to discuss your car accident case.