Car accident claims: To settle or proceed to trial?

If you have a car accident injury claim against a driver who you believe caused you injures in an accident, you might be wondering whether or not you should take your claim to trial. Well, your choice will majorly depend on the unique circumstances of your case.

Some situations are best handled by going to court and presenting your case in front of a judge or jury. Whether you decide to settle or proceed to trial, seek legal representation from Naqvi Injury Law.

To settle

A lot of people opt to settle their injury claims before going to trial. Here are the reasons.

  • Get compensation within a short period
  • Avoid costly legal fees
  • Avoid having to make appearances at several court sessions including hearings, depositions, and trials and so on.
  • Avoid the unpredictability of the judge’s decision

A demand letter

One of the accepted ways of settling an injury claim before trial is to send a demand letter to the insurance company. Before writing a demand letter, you must gather all the necessary evidence. For example, collect your medical treatment reports from your doctor. If you couldn’t go to work because of your injuries, you should also gather your employment statements highlighting your regular working hours and remuneration prior to the injury, and the number of days missed due to the injury. You will also need to collect any proof of liability for the auto accident.

Armed with all the right evidence, prepare the demand letter. Make sure you explain the events leading to the injury comprehensively including what occurred, witnesses among other details. Your attorney will advise that you attach copies of your hospital billing statements with your demand letter. Finally, send the letter to the offender or his or her insurance firm.

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Proceeding to court

As mentioned previously, sometimes it’s better to settle your injury claim before going to court. However, if you must go to court because a settlement isn’t feasible, it’s wise to hire a lawyer.  For example, you may not have received an answer to your demand letter. Also, the settlement offer from the insurance company could be too low for your liking. You need a professional who has handled such cases before and knows what needs to be done.

  • To start with, your car accident attorney will file a lawsuit in court on your behalf. Remember, the legal complaint must also be served to the defendant.
  • Next up is the discovery process. This process involves the exchange of requested information between you and the defendant. You can request information through written questions, referred to as interrogatories. Another means to acquire information is through a deposition where specific people can be compelled by the court to testify. Their testimonies can be used in court.
  • Lastly, trial makes the beginning of the end of the injury lawsuit. Here, the judge will determine your case based on the available evidence.

Throughout the trial period, you and your lawyer can still settle your claim if the defendant agrees to table an acceptable offer.

If you’ve been involved in a car accident and sustained injuries, contact a car accident attorney immediately to track the process of getting full compensation on your behalf.