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Being involved in a car accident can be a traumatic experience. The aftermath of an accident can leave you feeling overwhelmed and uncertain of what your next steps should be. Knowing the legal process for car accident cases can help you make informed decisions about the best way to proceed with your claim.
Whether a car accident case goes before a judge and jury depends on many different factors, including the following:
The severity of the injuries and damages incurred will be a major consideration when deciding whether to take your case to trial. In cases where significant medical problems and/or extensive property damage have arisen, you may need to seek a more substantial payout than what is offered in a settlement. Therefore, it may not be possible to accept an out of court offer.
Another factor that could take your case to trial is if there’s a dispute over who was at fault or liable for causing the accident. If an agreement cannot be reached on who was responsible, then you may need to go through litigation to resolve the case. During this process, an experienced attorney can represent you and help prove that you were not at fault and that another party is liable for damages you suffered in the accident.
In some cases, there are multiple parties involved or there might be disagreement between insurers over what kind of coverage applies. This could lead to a breakdown in negotiations and make a trial necessary.
The availability and quality of evidence also play an important role when it comes to pursuing a car accident and determining if it will go to trial. If you have strong evidence supporting your claim, you can use that to negotiate for a better settlement and increase your chances of getting a favorable outcome without having to go to trial.
If both sides are willing to work together and come up with an agreement that suits everyone’s interests, this can avoid the need for a lengthy court battle. However, if either party refuses to budge on their demands or refuses to negotiate at all, then this could lead to litigation. It’s important for both sides to be open-minded when negotiating so that they can reach an agreement without resorting to a court battle.
Most car accident cases do not go to trial – a settlement is reached. The court system is already overburdened with cases, and going to trial means it will take longer to resolve your case, which puts an even greater strain on the system and on you. Additionally, both parties would have to pay for court costs and lawyers’ fees which could take away from any settlement amount received by the plaintiff.
The timeline of when a settlement occurs depends on how complex the case is and how quickly both parties can come to an agreement about damages. Generally speaking, most cases settle within 6 months to one year after the accident has occurred.
If you need help after an accident, contact our Mesa car accident attorneys today to schedule a free consultation.