If you or somebody you care about has been injured in a car accident that was caused by another person’s negligent actions, you may be wondering whether or not your case will need to go to court to secure the compensation you deserve. There are various factors that go into car accident claims. While some car accident cases do go all the way to court, most are settled before they appear before a judge and jury.
The first step is an insurance claim
In most cases, the first step in a car accident case is to file a claim with the at-fault driver’s insurance carrier. While this may sound simple enough, an injury victim could still benefit from having an attorney at this stage. Insurance carriers are “for-profit” entities that will actively work to lower any settlement they pay you. Your car accident attorney will be able to gather all the evidence necessary to prove liability and negotiate a fair settlement on your behalf.
If a claim is denied or is too low
It may be necessary to file a personal injury lawsuit in order to secure the compensation you need. This will certainly be the case if the insurance carrier denies your claim or offers a settlement that is not enough to cover your accident-related expenses.
Even if you and your attorney have to file a personal injury lawsuit, that does not mean that the case will necessarily go to court. A personal injury lawsuit shows that you are serious about this and are not backing down. With the necessary evidence, your personal accident attorney will continue negotiations with the at-fault party and their insurance carrier. In many cases, a fair settlement is reached during these negotiations and the case does not need to go to court.
Court may be necessary
Even though the vast majority of car accident cases do not go to court, you need to find an attorney who will not be afraid to take your case to trial if necessary. If the insurance carrier refuses a fair settlement, your attorney will be ready to go through the entire court process. This includes jury selection, opening statements, presenting the evidence, and closing remarks.
The opposing side side will also have a chance to present their case to the jury at a trial. The jury will look at all of the evidence presented to them and make a decision about whether you should receive compensation and how much that compensation amount should be.
What type of compensation is available in these cases?
There are various types of compensation available to victims who have been injured due to the negligence of other drivers. Please understand that each case is different, and the total amount of compensation awarded will depend on various factors related to the case. However, the following are all common types of compensation that could be awarded in the aftermath of a car accident:
- All past, current, and future medical expenses related to the incident
- Lost wages and benefits if a victim cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against a grossly negligent party
A skilled personal injury attorney will work diligently on your behalf to secure the compensation you need for your car accident case. Most injured individuals do not have the resources or experience necessary to take on insurance carriers, so please speak with an attorney for a free consultation of your case today.