When Does a Car Accident Lawyer Take a Case to Trial?

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Image of a Scene of a Car Accident

Knowing why auto accident lawyers bring cases to court can help determine whether a lawsuit is the best option for you.

Chances are, you’ve seen a TV show or movie with a courtroom drama. For many, a TV show or movie is the closest thing to reality. However, you will not be able to understand the trial process until you have gone through it in person. Your auto accident attorney will explain everything you need to know about resolving your case.

Car accident victims file thousands of lawsuits each year in hopes of finding justice for their injuries caused by someone else’s negligence. Few cases are ever brought to justice. Recent estimates suggest that 95% of personal injury cases brought to court are never heard by a jury. However, the plaintiffs win about nine out of ten cases that are heard by a jury.

Settling a car accident lawsuit in court

After a car accident, you might be wondering what happens next. A skilled auto accident attorney will work with you to gather the evidence you need to prove your case. Your auto accident attorney will:

  • Medical records,
  • Employment record,
  • Property damage estimates,
  • Police reports,
  • Testimony,
  • Photographs,
  • Video evidence,
  • Estimates of lost financial benefit and
  • Estimates for future medical care.

All of this and possibly other evidence will be used in preparation for the trial. Seasoned car wreck attorneys know that the better you prepare a client’s case for victory, the greater the likelihood of a settlement.

Your auto accident attorney will file a lawsuit with the insurance company on your behalf after collecting all of the evidence.

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Insurance companies don’t sit idly and wait for the victim to file a claim. Insurance companies employ investigators to speak to witnesses, gather evidence, and review all of your evidence before bringing the case to justice. The insurance company is investigating the case to determine how much they think your case is worth.

Insurance companies are there for the money

Insurance companies are like any other company. They exist to make money. Your product is insurance instead of making computers or building cars.

The insurance industry is under more pressure than ever. Some insurance industry commentators noted that the cost of paying claims increases more than twice the rate of inflation.

What does this mean for you and your accident damage? This means that profit margins for insurance companies could shrink. In this case, insurance companies are likely to take cost-saving measures. Therefore, insurance rates will rise and billing premiums will fall.

Negotiations with insurance companies

According to a Fort Worth auto accident attorney, your chosen auto wreck attorney will begin negotiations with the insurance company immediately after asking for a formal settlement. Your lawyer can negotiate with the insurance company and hopefully reach a fair settlement.

Insurance companies must negotiate in good faith. However, an insurance company can refuse or refuse a claim for a number of reasons. Insurance specialists may refuse to offer a fair solution if company representatives believe you have exaggerated your claim or your customer is not fully liable for the damage.

Recommendation from a customer to go to the trial version

Depending on where the crash happened, the state may have a two- or three-year statute of limitations. Your car wreck attorney must go to court to protect your rights before the statute of limitations applies. You should understand that even if you are filing in court, the negotiations can continue.

Additional evidence may emerge as the process progresses. You may also learn through the discovery process that memories have faded or certain witnesses are no longer available. You need to closely monitor these developments with your lawyer.

Problems often arise before they are brought to justice as time goes by. The trial will take years. You could reach a point where you believe it is in your best interests to reach an agreement and accept the insurance company’s offer. The insurance company can think the same way. You could raise the Settlement Authority to avoid losing a huge amount of money after the process.

Who makes the decision to go to court?

The final decision whether to accept an offer from the insurance company or to go to court is yours. You need to have an open conversation with your lawyer about the pros and cons of going to court. There is no set formula for determining when to ask a jury to decide if you want to reach an agreement as every case is different. Your tolerance for risk, the strength of your case, and the strength of your opponent’s case are factors to consider.

Car accident lawyers

There is one key factor to consider when deciding whether to accept an offer of settlement or go to court. You should know if the attorney you are trying to represent has a reputation for taking cases to court or if they work out as the trial date approaches. Do your research and get free consultations with reputable lawyers. Some lawyers avoid taking cases to court and may even refer your case to another lawyer if they are unable to resolve it. When you choose someone with experience in the courtroom, you can rest assured that they will be able to handle your case regardless of their path.