Car Accident Lawsuits go to Court

car accidents that go to court or trial

According to the American Bar Association (ABA) civil and criminal jury trials are declining.

More often parties involved are coming to an agreement before the lawsuit goes to court.

When it comes specifically to car accident lawsuits this is most often the case.

However, there are still some car accident claims that end up in the court system.

When the plaintiff and defendant cannot agree to terms going to court is an available option.

If you have been injured in a car accident due to the actions of another you can take your case to trial.

Under the US Constitution everyone has the right to a jury trial.

Negotiating a settlement is the preferred method but this does not always take place.

A jury trial will usually happen when the plaintiff feels that they are not getting a fair settlement offer.

 

Reasons For Not Going to Court and Negotiating a Settlement

There are many reasons why this has been happening.

Car accidents are most often settled before they go to trial.

Both insurance companies and the car accident victims have their own motives.

Here are a few of them.

Trials are Costly – Going to court can be expensive. Insurance companies understand this. Legal fees and court costs can add up quickly. Most of the time it is in their best interests to negotiate a settlement out of court.

Trials are Unpredictable – No matter how great of a case there is always uncertainty. Judges and jurors can make a ruling that can catch you off-guard. Insurance companies do not like to take unnecessary chances. A trial has the chance of not ending well. Settling a claim before it goes to court is much safer.

Fair Settlement – Settling out of court is usually the best way to get a fair payout for the damages. Injuries from a car accident can be negotiated successfully with the help of a car accident attorney. This may take some back-and-forth conversations with the insurance companies.

Losing At Trial is Risky – There is always the chance of losing in court. A personal injury attorney can be helpful. Knowing when to accept a fair settlement is beneficial. Sometimes the risk of losing at trial and receiving nothing is not worth it.

Trials Take Time – Time will depend on many factors. The complexity of the case can determine the length of time. Waiting for months on end to get payment for damages is another reason to agree on a fair settlement.

 

When to Go to Trial After a Car Accident?

Richard Harris will fight to get you the maximum compensation for the damages. Injuries from a car accident can have a lot of expenses.

Protecting your rights and getting you paid is what we will seek. Every case has its own set of circumstances.

We will help you to understand all the offers. If you are not pleased with the settlement offers than going to court is an option.

Understanding the pros and cons of these choices can be valuable when making the decision to go to court.

Here are some reasons why going to court makes sense.

  • Substantial Costs – Damages from car accident can be significant. Expenses can sometimes reach a million dollars or more. When this is the case, it will be much harder to reach an agreement. If there is an unwillingness to reach a fair settlement through negotiations it may be worth going to trial.
  • Financial Position to Take Risk – If there is no financial pressure to make a deal immediately a trial could be the best choice. Taking a chance in court may make sense. In cases where a person is under financial pressure there is more of a need to settle faster.
  • Strong Case – If the payout is unacceptable and there is plenty of evidence than court may be the best option. The plaintiff may feel they have a case that can win in court. Going to trial is always a risk. If the case is strong, it can be worth the risk. Richard Harris can help guide you.
  • False Evidence – If there are false claims taking the case to court can set the record straight. Defending your reputation and the truth may need your day in court.

A car accident attorney should be prepared for all the different scenarios of a lawsuit.

Settling the case and getting you a fair payment is the goal.

Lawyers need to be ready to take the case to trial if necessary.

Agreeing to a settlement or taking the case to court will need serious consideration.

Analyzing the offer and the financial costs of the case will be key factors.

The persons financial situation will also play a part in the decision.

The Law Offices of Richard Harris have both expert negotiators and trial lawyers.

 

Can You Negotiate a Settlement After the Trial Begins?

Yes. Most of the time a car accident lawsuit does not make it through a full trail. Usually, cases are settled by negotiations prior to a court appearance.

A settlement can be reached after the case is filed. It can be settled during trial. When the jury is in deliberation a settlement can be reached.

Some cases have even been settled after a jury verdict.

 

how much does richard harris charge

How Much Does Richard Harris Charge?

Richard Harris works on a contingency basis. There are no upfront fees.

We only receive payment if we win your case.

We will first seek a settlement through negotiations.

We understand how to deal with the insurance companies after an injury.

If the case goes to trial, we can provide a trial attorney.

To learn more about how we can help call us today.

 

Advantages of Having Legal Representation

Whether you go to court or settle there are many advantages to having legal representation.

If you’re injured having a lawyer handling the case will allow you more personal time to heal.

Concentrating on your well-being is vital to recovery.

Dealing with the insurance companies can be complicated. Trying to understand the policies and legal ramifications complex.

Filing paperwork on time, responding to insurance adjusters, and lawyers can be overwhelming. Our lawyers have years of experience of this.

Car accident lawsuits may need investigating.

Gathering evidence and all that goes into making a strong case will take legal know how.

Putting together a winning case will often take a team.

Our lawyers will work together keeping you up to date of the developments.

You can put the focus on your health. This can include; doctor visits, rehabilitation, and therapy.

Getting a good amount of rest is always an important part of getting well.

When there is pain and suffering after an injury a person may not be as mentally aware. We will make sure that you are not taken advantage of.

If the case ends up going to court you will need an expert trial attorney.

 

Putting Together a Strong Case

In order to be successful in court or negotiations certain factors need to be proven. This will include proof that the car accident was caused by the fault of another. The injuries were a result of the crash. There must be evidence that can show this.

    • Video Footage – This can be excellent proof that the accident occurred. It will often show who is responsible.
    • Proof of Injury – It is necessary to be able to show that the injuries were a result of the crash. Pictures and medical records are important evidence.
  • Eyewitness Testimony – This can be powerful evidence. Getting statements of the accident can be a major help in any case.
  • Police Report – Having the police report is a key piece of evidence. This can give the victim leverage when negotiating a settlement. If the case goes to trial the report will also be valuable.

Evidence can come in many different ways.

The more proof that shows there was negligence by another the stronger the case.

 

We Will Seek to Recover All Damages from The Car Accident

Medical Expenses – Medical bills and any other expenses related to the car accident. Costs can be expensive. Getting insurance companies to reimburse you can be challenging. We will fight to get all medical expenses now and in the future paid.

Property Damages – Car repairs and any other costs should be paid by the liable party. Insurance companies will often start with low ball offers. We can help you go through the insurance policies and make sure you are treated fairly.

Income Lost – Car accident injuries can cause loss of income. Lost time at work can add up to financial burden. Injuries can be long lasting and can affect future earnings.

Pain and Suffering – Car accidents can have physical pain and emotional trauma. Depending on the circumstances a person can have mental issues. Post Traumatic Stress Disorder (PTSD) is common in serious car crashes.

 

 

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/cases_settling/ (Can You Negotiate a Settlement After the Trial Begins?)

 

https://www.forbes.com/advisor/car-insurance/what-to-do-after-accident/ (Putting Together a Strong Case)

 

 

Copyright © 2024 Richard Harris Law Firm. All Rights Reserved - | Disclaimer | Privacy Policy | Sitemap Site by NetDynamic