According to the statistics, a vast majority of car accident claims are fortunately settled at some point, before one party decides to file a lawsuit. But does it mean that there aren’t situations when these sorts of cases go to trial?
Sadly, the answer is no. In some instances, when the victim and the at-fault party aren’t capable of reaching a settlement, the car accident lawsuit simply must go to trial. We know that you’ve witnessed these things in movies/TV shows and perceive them as dramatic and draining, but don’t worry, that’s not really the case.
But still, we are not going to lie to you and claim that you’ll feel one hundred percent careless and relaxed, because, after all, this process does involve several stages and steps. So if you want to know what you can expect, then stay tuned!
Why Do Some Cases Go To Court?
As stated previously, in a lot of situations, these cases do not end up in court. According to a skilled legal team at Demesmin and Dover Law Firm, that’s because lots of people turn to a car accident attorney who is there to collect all the relevant evidence to prove all the damage that’s been done to you. If your lawyer manages to make a deal with the other driver’s insurance company, then there’s no need to take the trial into account.
However, that’s unfortunately not always the case. Namely, there are so-called exceptions where your case must simply go to court, and below I’ll mention some:
- The insurance company is not willing to provide you with a fair settlement
- Even though your advocate has given his all during the negotiation, the insurance company doesn’t want to give you the amount of money you requested for the damages
- It’s not determined who was at fault for the vehicle incident
The First Thing To Expect If The Case Goes To Court
The first thing that can be expected is the presentation of evidence. So what does it mean? It means that you are obligated to show the evidence that the other party caused the car crash and was generally negligent which leads to different damages and injuries.
So what type of evidence is supposed to be given at trial? There are various sorts of evidence that your solicitor is supposed to present during a trial and it normally involves:
❖ Medical records show that you’ve sustained different injuries, it doesn’t matter whether they are severe or not.
❖ Witness interviews
❖ An interview with a medical professional who treated your injuries
❖ Other proof that proves that you were injured
❖ Accident reports
And then the at-fault driver, along with his or her attorney has the right to offer objections to your evidence and say their side of the story. Once both parties have presented their cases, the final decision goes to the jury.
Moving On To Jury Selection
Jury trials typically start with both sides sitting in the courtroom and your case is going to be tried either by a jury or a judge, depending on the state you live in. Usually, the jury selection must be conducted very thoroughly and carefully and various elements must be taken into account.
That’s because there are numerous procedures and laws that must be followed. At the end of the day, your main goal is to have a jury that’s going to make a decision in your favor.
Will There Be Any Opening Statements?
The answer is yes. This particularly refers to the individual who has filed the claim. Namely, this person will get the chance to present their opening statement first. If you’re the one who filed the claim, then your lawyer is going to outline the evidence to the jury with the goal of showing them what they can expect in the claim.
On the flip side, the advocate that’s representing the at-fault driver will also have the opportunity to prove your allegations are wrong with their opening statements.
The Final Decision
Once everyone has presented their evidence concerning this incident, the jury is going to decide who was the one that caused it and the amount of money that the victim is going to receive for things like medical costs, loss of wages, both physical and mental suffering, etc.
Once the jury has reached a verdict, it gives it to the judge who is going to return a verdict in your case. If it’s in your favor, then you’ll be rewarded with a certain compensation for all your losses related to the accident.
Even though everything that’s been written here may sound a bit frightening to you right now, don’t worry, it’s not as nearly as scary as it may appear to be at first glance. But still, you must be prepared for every potential outcome.