Most people who endure car accidents do not end up seeing the courtroom as they pursue legal action for their case. In fact, in the case of personal injury claims, the vast majority (95%) are settled before the case ever reaches the trial stage. Still, there are instances in which it would be best for you to go to court. According to the experienced Dallas car accident attorneys at Reyes Law, depending on the severity of your accident will determine the chances that your claim goes to court as each case situation can vary and how much you are looking to be compensated for.
The Likelihood of Your Car Accident Case Going to Trial
Firstly, if you incurred any injuries or damages as a result of your collision, it is critical that you contact a lawyer to resolve your case, whether you intend to file a lawsuit or not. Your auto insurance provider may be unwilling to provide you with the full compensation you need, in which case, you need legal support. Further, they may even attempt to lowball your settlement, or worse, claim that you were the one responsible for the crash.
This is one of the primary evasion tactics that your lawyer will protect you from. Still, what if you cannot come to a mutual decision on which of the involved parties were liable for the incident? It is in circumstances such as this that you can expect your case to go to court. Certain law firms will only file a lawsuit approximately 1-5% of the time; however, these chances are significantly heightened if you cannot agree on liability.
The choice to take a car accident claim to court will not always be left to you. For example, if you are summoned to court as a witness to a vehicle collision, you are legally required to go. In this case, you would still need to consult a lawyer prior to attending the trial.
Bringing Your Car Accident Claim to the Courtroom
Although it does not happen frequently, it is entirely within your rights to bring your car accident claim to trial. You are not obligated to settle for what your insurance company or that of the negligent party offers you in compensation. If you believe the insurance agencies have misplaced fault or that they are lowballing you in their settlement offer, a lawyer and jury will assist you in reaching a fair conclusion as informed by the evidence surrounding your case.
During your trial, all evidence will be presented clearly and publicly. Your lawyer will have pulled all possible reports, dashcam footage, medical records, and all else necessary to prove your innocence in the crash. All this evidence will strengthen your case and improve your chances of getting the proper compensation and holding the negligent party responsible. However, your case may progress in a variety of ways, especially if you choose to waive your right to a jury for a judge to finalize the decision instead.
No matter the circumstances, though, you must ensure that an experienced car accident lawyer supports you. They will ensure that all necessary documentation is presented in your case so that there is no room for confusion on who was responsible for your crash. If you are unsure of whether your case should be brought to court, get in touch with a car accident lawyer today for guidance.