when is it worthwhile for a lawyer to take a case to court car accident

Full Answer

Will a car accident lawyer take my 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.

When should I contact a car accident lawyer?

It's highly advisable to contact a personal injury lawyer soon after your injury because the trial process is time consuming and there are time limits (statues of limitations) to filing a lawsuit. Protect your interests and contact a car accident attorney in your area today.

When is a car accident lawsuit a possibility?

However, if there is a dispute as to who was at fault for the crash, or the scope and extent of an injured person's damages, a car accident lawsuit becomes a distinct possibility.

How long does a car accident lawsuit take to settle?

A car accident lawsuit follows a general timeline of steps, but the length of each step can vary significantly. It could take a few months or even several years. The prospect of a car accident settlement is always an option along the way.

Why do you have to take a car accident case to court?

It may be necessary to take a car accident case to court if there are ongoing disputes between the parties or if the insurance company fails to respond to your demand letter. But those situations are typically rare because most insurance companies and attorneys have a general idea of how much the case is worth.

What happens when you file a lawsuit against another driver?

When you file a lawsuit against the other driver who caused the accident, the court will decide whether that driver should be held legally responsible for the damages you suffered. By going to trial, you will have to present your case to obtain a judgment in your favor. The other driver will have a chance to present his or her side of the story. ...

How many people are on a jury in a car accident?

The jury often consists of 12 people, but it can sometimes be fewer than that.

How long does it take for a jury to decide a case?

There's no time limit, but it usually takes several hours, if not several days, to reach a verdict.

How are car accidents settled?

Most car accident cases are settled with an insurance company or through informal settlement negotiations. That's because settlement often saves you more time and money than taking your claim to trial. However, there are still rare cases where going to court is necessary.

What to do if you are sued by someone?

If you're filing a lawsuit against someone, you will need to hire an attorney to represent you. Although filing a case without an attorney is possible, doing so will likely put you at a big disadvantage. It's typically in your best interests to have an experienced attorney handle your case, so you can recover the maximum amount of damages you deserve. When you first meet with an attorney for a consultation, you'll need to tell him or her everything that happened related to the accident. Prepare to answer several questions that the attorney may ask you regarding the case.

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.

What happens when both sides present evidence during a car accident trial?

When both sides have presented evidence during the car accident trial, the jury will decide: who was at fault for the accident. and how much money you should be awarded from the insurance company for your damages. If all goes well and your lawyer is able to present ...

What type of evidence can be used in a car accident trial?

Different types of evidence your lawyer may present during a car accident trial include: Witness interviews. Expert interviews, such as from a doctor who treated you. Medical records. Other evidence demonstrating your injuries. Accident reports.

What is an accident report?

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. After both sides have presented their cases, the decision goes to the jury. Jury Deliberation. In some states, the case may be heard and tried by ...

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.

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 an insurance company offer a fair settlement for a car accident?

The following situations could lead a car accident claim to proceed to court: The insurance company does not offer you a fair settlement. Despite your lawyer’s negotiation with the insurance company, they won’t budge on paying out more money for your damages.

Likeliness of Case Going to Court

Many people who are involved in a car accident misunderstand the legal process and the likelihood that their case will go to court. In fact, most cases never make it to court. There is a huge incentive for at fault parties to settle and avoid the expensive cost of litigation.

If You are Offered a Settlement

Whether to take a settlement offer can be a difficult decision. Your attorney should be able to help you decide whether the settlement accurately reflects the value of your claim.

Getting Legal Help

If you are going to take your car accident case to court, you will likely need an attorney to assist you with arguing your case and inspecting the incident. An attorney understands the intricacies of the law, including how evidence will be handled in court. You will have more confidence going into a court case with an attorney on your side.

What to do if a company refuses to budge?

Sadly, there are situations where a company will give you a lowball offer and refuse to budge. This is when you need the expertise of a personal injury attorney. They will help you gather the right evidence to demonstrate your damages and put pressure on the company to adjust their offer. If the company won’t budge, your attorney will help you file a lawsuit in the proper court.

Can I file a lawsuit if I have a strong case?

A personal injury attorney can give you their opinion on the strength of your case, but filing a lawsuit is ultimately your decision. Litigation can be stressful, time-consuming, and costly, even when you feel you have a strong case. The decision to go to trial is yours alone. The good news is that many lawsuits will reach a settlement agreement before a trial even starts. But if you do file a lawsuit, I trial is certainly a strong possibility.

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

From start to finish, a car accident lawsuit will probably take at least one year to complete, assuming it goes to trial and there is no appeal. But just because a car accident lawsuit has begun, it doesn't mean it will go to completion. In fact, that's very unlikely. At some point in the process, the case will usually settle before trial.

How long does it take to get a car accident trial?

Step 5: The trial occurs. A car accident trial usually only takes a day or two to complete. Step 6: Potential appeal. If one of the parties isn't happy with the result of the trial, an appeal is possible.

How long does it take for a lawsuit to settle?

This means most cases settle within a few months to a few years after the lawsuit commences .

What do you want to do after a car accident?

All you want to do is heal, get your car back on the road, and get on with your life feeling whole again. Especially when filing a personal injury lawsuit is the only way to achieve this goal, you may wonder how long it will take to resolve the matter.

What would happen if all car accidents were about money?

If all car accidents cases were only about the money, it would be easier to predict how long they might take to complete. But some cases aren't about the money. Plaintiffs may be fighting based on principle, and the lawsuit may represent an opportunity to get justice.

Can a defendant drag out a case?

Defendants may recognize they have a losing case, but want to make things as difficult as possible for the plaintiff, and therefore drag out the case as long as possible. It's a practical reality that when things get personal, the litigation process can take much longer than necessary.

Do car accidents settle?

Most car accident cases settle, and do not result in litigation (the civil lawsuit process). However, if there is a dispute as to who was at fault for the crash, or the scope and extent of an injured person's damages, a car accident lawsuit becomes a distinct possibility.