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Will I have to go to trial after making a car accident claim?

If you are involved in a car accident, there are two ways in which you can get compensation from the adverse driver.  One is to settle outside of the court by accepting the amount offered by the person responsible for the accident and his or her insurance company. Another way is to file a lawsuit and accept the arbitrator's decision when an Award is made as to how much the injured party should receive in compensation.  Not everyone who is involved in a car accident goes to the court.  Most of the claims are settled before filing any lawsuit, after negotiating with the at-fault driver's insurance company.  And as to the other lawsuits that do get filed, most of those are resolved before any trial begins. However, not all accident cases are settled outside of the court. Perhaps, either the parties cannot agree on the amount of compensation to be paid or they cannot agree on who was responsible for the accident. In such situations where the settlement is not possible, the only option is to go to court so that you can pursue the maximum amount of compensation possible for the damages.  The Lara Law Firm can help you with that task. When the matter is in court, you have to go to trial and explain everything to the jury along with the evidence. There are various other situations when you must go to court before the trial starts such as when motions in limine and motions for summary judgment are filed.

Personal Injury Claims

If you have filed a personal injury case in litigation after a car accident, then there are chances that you will have to appear for the trial.  In personal injury cases, the altercation will be over the compensation amount to be given by the driver at fault. The personal injury claims include present and future medical bills, loss of enjoyment of life, any impairment or disability, transportation costs, loss of income, cost of vehicle repair, etc. The legal team of the opposite party will try hard to negotiate and lower the settlement amount because that is their purpose throughout this process. Hence, at times, if you are looking to get a proper amount of compensation, you have to go to the trial.

Court Summons

Often the opposite driver will be ticketed by the police present at the accident location as the police will often find that the driver has violated multiple traffic laws.  In such cases, you may be summoned to the court as a witness. But before you go to the court, you should talk to an experienced attorney and discuss the case at length, particularly if you have also filed a personal injury case for that accident. For example, while the traffic ticket is not admissible in your civil personal injury trial, the testimony given during the traffic court hearing is recorded and it is admissible in the civil trial.

Filing a Lawsuit

The insurance company and the adverse driver will make all attempts to avoid going to court because they want to avoid paying the legal expenses of defense counsel. Therefore, they will push to settle out of court.  You have to know the value of the personal injury case before accepting such offers so that you get the right amount damages awarded. You can consult an attorney with experience in personal injury claims to assess your claim properly. If you are not getting the desired amount, you have to be prepared to file a lawsuit to fight the case before a jury. While most of the cases are settled among the parties, there are few cases in which there are disagreements over numerous issues.  In such situations, you have to file a personal injury lawsuit and leave it to the jury to decide the amount of compensation. To fight the case, you can go to trial and show all of the evidence to a jury in a compelling and illustrative manner so that they understand your true suffering and pain after the car accident or injury.

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Lara Law Firm

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177 N. Church Ave.
Ste. 909
Tucson, AZ 85701

Phone: 520-276-4727
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