what can i expect if my lawyer take my car accident case to courts

Working with a car accident lawyer can help you receive reasonable compensation that may exceed the amount that the insurance company would offer you on your own. An automobile injury attorney will help you present every detail about your case to the insurance company or a judge.

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What happens when you hire a car accident lawyer?

Dec 04, 2018 · Typically, after the opening statements, you will then present your case to the jury as to why you believe you are right concerning your claim. You will share your proof as to why you believe that’s the case. As your attorney, we’ll work with you to ensure your claim is both truthful and strong, giving you the best chance to win your case. Because we are the party who files the …

How does a lawyer prepare a car accident claim for trial?

13 hours ago · Besides the legal guidance, you should expect a lawyer to be your representative during court sessions and other related activities. They communicate and urge you on your behalf during the court sessions. It is easy to keep your car accident lawsuit viable and increase the winning chances through effective legal representation. Proving Liability

Do car accidents go to trial by jury or judge?

In many cases, a car accident case does not have to go to court. When you hire a car accident lawyer, they will get to work investigating and gathering evidence to demonstrate your damages. If the other driver’s insurance company and your lawyer can come to a fair settlement, the case can be settled and there is often no need for a trial.

How does a Georgia car accident lawsuit go to trial?

Jun 06, 2018 · You have a right to a jury trial. The jury is the finder of fact. That means that if there is a disagreement at trial as to how the accident occurred or the extent of your injuries, the jury will review the evidence that your lawyers present and decide who it believes. If your case is heard by a jury, the jury will be presented with evidence during trial and decide who is at fault in …

What is witness interview?

Witness interviews. Expert interviews, such as from a doctor who treated you. Medical records. Other evidence demonstrating your injuries. Accident reports. The defendant (the at-fault driver) and their lawyer are then able to cross-examine you or your witnesses, provide objections to evidence, and present their side.

How to prepare for a car accident trial?

They can prepare your claim for trial by gathering evidence and carefully presenting your case. Presentation of Evidence. You will need to provide evidence that convinces the jury it is “more likely than not” that the other driver was negligent or caused your injuries in the car accident.

Can you sue a car accident in Georgia?

If you’ve been in a car accident in Georgia, you may be wondering if you’ll have to sue the at-fault driver or whether you need to hire a car accident lawyer to recover your damages. Car accident cases don’t always go to court, but there are situations where it’s the best option. And when this does happen, it’s best to be prepared in knowing ...

What is civil case?

Injury claims are known as civil cases, meaning they are more focused on helping the accident victim recovery for their losses than finding someone guilty and punishing them. Civil cases are also heard at a different court than criminal cases.

Do car accidents go to court?

In many cases, a car accident case does not have to go to court. When you hire a car accident lawyer, they will get to work investigating and gathering evidence to demonstrate your damages. If the other driver’s insurance company and your lawyer can come to a fair settlement, the case can be settled and there is often no need for a trial.

Can insurance companies settle cases?

Don’t Trust the Insurance Company. Insurance companies are for-profit businesses, meaning they can want to settle a case by paying out as little money as they can. If they are not willing to pay out what you deserve or they try to place the blame on you, your attorney may advise taking the case to trial.

Can a car accident lawyer take a case to trial?

Since lawsuits are expensive, most car accident lawyers won’t take a case to trial unless they think it is powerful enough to win you the money you deserve. If you’re unsure about your case, contact a car accident lawyer as soon as possible. Contact a Lawyer Today for Help Preparing for a Trial in Your Case.

Can a car accident go to trial?

Most car accident personal injury claims settle before going to trial in court, but not all do. A car accident case may go to court if the parties, you and the insurance company, cannot agree to settle your claim. This can happen if the insurance company does not offer a fair settlement or if the parties cannot agree who was at fault for ...

What is the jury in a case?

The jury is the finder of fact. That means that if there is a disagreement at trial as to how the accident occurred or the extent of your injuries, the jury will review the evidence that your lawyers present and decide who it believes. If your case is heard by a jury, the jury will be presented with evidence during trial ...

Can an insurance company settle a car accident?

This can happen if the insurance company does not offer a fair settlement or if the parties cannot agree who was at fault for the accident. Most car accident cases are resolved through a settlement before a trial. However, insurance companies want to settle for as little money as possible.

What is the purpose of interviewing jurors?

The judge and often the lawyers will get to interview the jurors to determine whether or not that juror has a bias that would prevent him or her from serving fairly. For example, a juror who owned a large amount of stock in a corporation being sued would likely not be a fair juror out of concern that a jury verdict against the company could affect the juror’s pocketbook. Similarly, no judge would allow a mother to sit on a jury in her child’s trial. There are many other types of bias that the court will look for.

What happens when a jury verdict is read?

Once court is back in session, the judge will read the jury’s verdict into the record and enter judgment reflecting the jury’s verdict. At that point, the trial is over. The case may not be over, however, because the losing party may appeal the verdict on any number of grounds. Collecting money after receiving a winning jury verdict can also take an additional amount of work.

What is the job of a plaintiff in a car accident?

The plaintiff has the job of proving his or her case, so he or she will present evidence first. Witnesses will be called, documents shown to the jury, and expert testimony may be given. In a typical car accident case, the plaintiff will be called to testify as to his or her recollection of the accident, as well as the extent of the injuries the accident called. Medical experts may be called to testify further about the plaintiff’s injuries. An accident reconstructionist may present evidence as to how the accident happens. And so on.

How long does an opening statement last?

Here is where the plaintiff’s attorney gives the jury a “road map” of the case. He or she will explain to the jury what the case is about and what he or she expects the evidence to prove. Some attorneys use visual aids to show the jury items of interest, while others do little more than talk. The opening statement can go for as little as ten or fifteen minutes, and in extremely complex cases it can last several hours.

When does the defendant make his opening statement?

In some states, the defendant makes his or her opening statement immediately after the plaintiff. In others, the Defendant may “reserve” his or her opening statement until after the plaintiff has put all of his or her evidence on. Whether to reserve the opening statement is a strategic decision for each personal injury lawyer. Whenever it is made, the defendant’s opening statement will serve the same purpose as the plaintiff’s: To tell the jury the defendant’s view of the case. Again, this statement may be measured in minutes or in hours, depending upon the complexity of the case.

What happens after each side presents evidence?

Once each side has presented all of their evidence, the judge will allow the attorneys to give their closing arguments. This is where the attorneys discuss the evidence and argue why their view of the case is more credible than the other side’s. This is another process that can be short or can stretch for even days in complex cases. Typically, the plaintiff goes first, followed by the defendant, and then the plaintiff has an opportunity to make a final rebuttal argument to address anything the defense said.

What happens when the fault is clear and undisputed?

Where fault for the car accident is clear and undisputed, the at-fault driver's insurer will likely be motivated to settle, and could come to the table with a fair offer early on. However, where fault is in dispute, the insurance companies will have to conduct a thorough investigation, which could add weeks or months (not to mention contentiousness) to settlement negotiations.

How long does it take for a car accident to settle?

Most car accident cases settle before trial, but whether they settle in a matter of weeks, months or years depends on a few key factors. It may be true that most car accident cases settle, but the only car accident claim you're probably worried about is your own.

What is a car accident demand letter?

The car accident demand letter is your first and best opportunity to present your case to the insurance company, including the facts of the accident and details around your medical treatment. The initial amount demanded is usually much higher than the settlement you would be willing to accept, so that you or your attorney have room to negotiate.

What happens when you get an acceptable settlement offer?

When you have finally received an acceptable settlement offer, make sure that you have it in writing, that it will cover any necessary future medical treatment, and that it will leave you with a reasonable amount after deducting your attorney’s fees (as set by the contingency fee agreement you entered).

What happens if you settle a car accident case?

If you choose to take a quick settlement, you may end up with some fast cash, but you also might not be getting fair compensation for your injuries. The more serious your injuries, the more seriously you should take the settlement process. After all but the most minor car accidents, it's usually a wise move to discuss the ins and outs of your potential claim with a car accident attorney. Remember, once you accept a settlement, you can't go back and ask for more money, and you can't file a lawsuit, even if it turns out your injuries are worse than you first thought.

What causes a disc to swell in the back?

Bulging discs, herniated discs, and spinal cord injuries are the most common types of back injuries caused by car accidents. A bulging disc happens when the sudden impact of the crash causes the disc in your lower spine to swell due to the tearing of its fibers. When you have a herniated disc, it means that a piece of the structure of your spine that separates vertebra and bones has moved out of place. Both bulging and herniated discs can be extremely painful and sometimes require surgery to correct.

How do you know if you have a spinal cord injury?

The following are some of the most common symptoms of spinal cord injuries: An absence of pain sensation. Chronic pain. Feeling pain sensations in an uninjured body part. Infections.

Is New York a comparative negligence state?

While it might seem obvious that the other party’s actions caused the accident, keep in mind that New York is a pure comparative negligence state. That means the jury can reduce your payout by the percentage of blame it assigns you for contributing to the accident.

What does it mean when you have a herniated disc?

When you have a herniated disc, it means that a piece of the structure of your spine that separates vertebra and bones has moved out of place. Both bulging and herniated discs can be extremely painful and sometimes require surgery to correct. A spinal cord injury can be minor, but it can also cause permanent paralysis.

How long does it take to recover from a TBI?

While the symptoms of a mild TBI can mimic those of a moderate to severe TBI, they are usually less intense and most people recover in a matter of weeks or months.

Can you get a settlement for a car accident?

You will likely receive a large car accident settlement amount if you received permanent injuries such as paraplegia, quadriplegia, or extensive brain damage. Minor injuries typically receive a smaller amount. However, this may not be true in your case especially if you suffer from chronic pain.

What is the most common injury after a car accident?

Traumatic brain injury ( TBI) and concussion, also known as mild traumatic injury (mTBI), are also common injuries after a car accident. A moderate or severe TBI usually causes a loss of consciousness as well as the following symptoms:

Who is Hank Stout?

Stout is Board Certified in Personal Injury Trial Law and has been actively trying cases for over fifteen years. In recognition of his accomplishments and results, he has been selected by Thompson Reuters as a Super Lawyer since 2014 (a distinction given to less than 1% of the lawyers in the state of Texas) and has been selected as Lead Counsel. To learn more, read Hank's full bio here.

Why is it so hard to determine the average settlement for a car accident?

Because car accidents can result in such a wide range of injuries, its difficult to determine average settlements. Here are some estimates to help you get an idea of how much you could expect from a car accident settlement based on the severity of the injury.

What are minor injuries?

In general, minor injuries are those that damage soft tissue or leave you feeling sore, but ultimately go away given enough time.

How much can you get from a car accident settlement?

Car accident settlement amounts can range from just a few hundreds dollars, to a potentially thousands, hundreds of thousands, or more.

Can you have no insurance if you are at fault?

Unfortunately, some drivers may have inadequate insurance or no insurance at all. This could be for a variety of reasons, but what it means for you is that the amount of money available from the at-fault party’s insurance may not cover the expenses you have as a result of the accident.

What are the most common injuries in car accidents?

Spinal Injuries. Spinal injuries, like a herniated disk, are some of the most common injuries suffered in car accidents. Unfortunately, injury to the spine can have serious consequences, and even operations related to herniated disks can cause unexpected complications. When estimating how much to expect from a car accident settlement, ...

How much does a brain injury cost?

Settlements for brain injuries, especially severe ones, can range from between $100,000 to over $250,000.

What is settlement agreement?

An settlement agreement is a pre-trial resolution of your car accident case. A settlement agreement can be reached at any time between the parties, but it generally occurs at some point before the beginning of a trial in court. It can even occur without a lawsuit ever being filed.

How long does it take to settle an injury?

Generally this time period is 20 or 30 days. Usually the settlement agreement also states that if the settlement is not paid within that time, then the collecting party has the right to add interest to ...

What is garnishment in a judgment?

Garnishment is a popular method for collecting a judgment , and is available in all states. If the losing party is a corporation, a garnishment can be served on the bank where the company has accounts.

How long does it take to file a motion for new trial?

The losing party usually has 10 or 15 days to do this, depending on the state, in which to file this motion. The court usually rules on this type of motion within a matter of weeks. Even if the losing party does not file a motion for new trial, in most states the party can still file an appeal. Most states usually allow 30 or 60 days following ...

How long does it take to appeal a jury verdict?

Most states usually allow 30 or 60 days following the jury verdict within which to file an appeal. If the losing party is considering an appeal, they will understandably not want to pay the judgment until the appeal is resolved, and they probably won't be required to do so.