Will I Have to Go to Trial for My Car Accident Case?
If you were injured in a car accident, you have enough to worry about, between medical treatment and trying to get back on your feet after a serious injury. You should not have to worry about having to go to trial. Having an experienced car accident lawyer from Mingo & Yankala, S.C. can help relieve your fears. We can explain the claim process and whether a trial may be an option in your case.
Do Most Car Accident Cases Go to Trial?
No. The vast majority of car accident cases do not go to trial. Most car accident cases are resolved through a claim with the at-fault party’s insurance carrier. However, if your case is one of the few that does go to trial, it is vital you work with a trial-tested car accident attorney.
Risks of Going to Trial
It is important that car accident victims understand the risks of going to trial before they embark on this path. Some of the potential risks of going to trial include:
- Lengthy process – Many car accident victims are anxious to recover compensation to pay off their medical bills and other costs they’ve incurred because of the accident. However, trials can take a long time and cause many delays. Additionally, the case may be appealed, which can further increase the amount of time it takes to get a resolution in the case.
- Uncertain results – Whenever a person turns a case over to a judge or jury, they cannot be guaranteed a certain outcome.
- Higher costs – Trials are expensive. In addition to paying for attorneys, car accident victims may have to pay for court costs, discovery costs, deposition expenses, expert witnesses, and other expenses that can take money out of the victim’s pocket.
Steps Involved in the Claim Process
While most cases do not go to trial, it is important to understand the steps leading up to a lawsuit, which include:
Investigation
After a car accident, the insurance company and your lawyer may conduct an investigation into the cause of the accident and who is responsible for it. This may involve reviewing information such as:
- Accident reports
- Photos or videos of the accident scene
- Damage to the vehicles
- Medical records
- Witness statements
Demand
Your lawyer will also gather evidence regarding the losses you have suffered because of the accident, including medical expenses, lost income, and pain and suffering. Your lawyer prepares a demand package indicating the amount of compensation they believe you should be paid to settle your case.
Negotiation
The insurance company responds to the demand by accepting it, rejecting it, or countering it for a different amount of compensation. Your lawyer and the insurance company may have several rounds of negotiation before agreeing on a settlement amount.
Why You Might Have to Go to Trial
While there are drawbacks to going to trial, there may be some times when you may need to consider going to trial, such as:
- The insurance company denies the claim
- The at-fault driver did not have insurance or enough insurance
- The insurance company refuses to offer a fair settlement
- High damages are involved and your lawyer recommends filing suit
- The statute of limitations is about to expire in your case
An experienced car accident attorney at Mingo & Yankala, S.C. can explain the pros and cons of going to trial and advise you whether going to trial is in your best interest.