Even if you want to sue for your car accident, you may not want to go to court. You may not want to testify on the witness stand, or you may just think that going to court will take too long. You don't always have to go to trial, but if you aren't prepared to, you may reduce what you can recover.
Do All Car Accident Cases Go to Trial?
In most states, there is no requirement that all cases be tried in court. If you are injured and want money from an insurance company, you can settle your case out of court with the insurance company's lawyer. The insurance company's lawyer will give you a settlement offer based on how much they think they should pay you.
If you accept this offer, you won't have to go to court at all. However, there is no guarantee that the insurance company will make a good offer or any offer at all.
How Do Car Accident Settlements Work?
A car accident settlement is a negotiation between you and the other driver or their insurance company. The lawyers for each side go back and forth until they can find a number that each client agrees on.
Car accident settlements are based on what the lawyers think a case is worth and what the risks of going to trial involve. In a case with very clear evidence, the plaintiff can get a higher settlement because their chances of winning at trial are very high. In cases where there isn't a lot of evidence except one driver's word against the other's, the plaintiff might get a lower settlement because there's no way of knowing how a jury will decide the case.
What Happens if You Can't Settle Your Case?
If you can't settle your case, you're going to have to go to trial. This can happen when the two sides are too far apart about what they think happened in the accident or what the accident claim is actually worth.
Your lawyer will try to persuade the other side to see and accept your position, but your lawyer can't make them. If you can't reach an agreement with the other side, you'll need to present your case to a judge and jury so they can make the decision.
To learn more about how to get the compensation you deserve, contact a local car accident lawyer today.