When you have suffered an injury in a car accident that was someone else's fault, you have a legal right to get paid for all the harm that they caused you through their negligence.
Many steps must happen between the time of the accident and when you can get your money, and you may even need to go to court to get all the compensation you deserve.
Even if you go to court, there is a remote chance that your case will end up in front of a jury. Nonetheless, you must prepare to go that far because it may be the only way to get the insurance company to do the right thing and fully pay you.
It is almost impossible to have any level of persuasiveness as far as insurance companies are concerned if you do not have a car accident attorney representing you. They have no reason whatsoever to take you seriously because they know that there is little that you can do about their stonewalling.
The best way to make the strongest possible legal showing in your case is to hire a car accident lawyer immediately.
One of the main reasons to hire a lawyer is their ability to navigate the complex legal system, especially litigation. Attorneys have extensive knowledge and experience in handling personal injury cases, and they understand what is involved in proving liability and calculating your damages.
The best news is you will not have to pay anything upfront to hire a car accident lawyer. All you have to do is make a phone call and schedule a free initial consultation before signing a representation agreement that makes them your attorney in your case.
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Personal Injury Trials Are Rare
Statistically speaking, car accident trials are rare. In the general personal injury context, only a few cases will ever go to trial, even if one party files a lawsuit.
Department of Justice statistics show that roughly 5 percent of personal injury cases will ever go to trial. The most likely result is that the case will reach a settlement, either at some point after someone files the lawsuit or during the claims process.
Another potential result is that a judge will dismiss a case before it is allowed to proceed through the lawsuit process, but this is another rare result.
You Can Begin the Legal Process In Court or Outside of Court
The legal process begins when you either file a claim against the other driver's insurance policy or a lawsuit against them in court. Either way, you will be facing off against insurance companies because they must defend their policyholders at all points in the legal process.
If your case goes to court, the insurance company is providing and footing the bill for the insurance defense firm handling the case.
Your claim or lawsuit is often just the beginning salvo in a lengthy process between you and the insurance company. You will likely engage in extensive back-and-forth with them over several months or even for more than a year.
The process will have ups and downs, and you may even come to the brink of litigation or a jury trial. Still, there is a high probability that you and the insurance company will resolve the case before it reaches the jury.
You Will End Up in Court if the Insurance Company Denies Your Claim
Usually, insurance companies accept liability after you have filed a claim, but this is only sometimes the case. In some situations, they may deny your claim entirely because they do not believe you have presented enough evidence showing their driver was at fault.
Insurance companies may try to apportion some liability to you, even when you do not think you are to blame. These circumstances may lead to litigation, although there may still be a chance of settlement before the case goes to trial.
You Will Likely Negotiate for an Extended Period
Insurance companies will likely make you a settlement offer when they accept liability.
Once your car accident lawyer reviews the offer, they will probably tell you that it is not even close to sufficient to pay your damages. However, it does not mean the claims or negotiation process ends, and you are proceeding directly to a trial.
Next, you will begin more intensive negotiations with the insurance companies. Their initial offer is rarely their final one, and they make it with a tacit understanding that it is just the opening of the negotiation process. When you have a car accident attorney, the insurance company expects you to reject the initial settlement offer and continue to try to negotiate.
Insurance Companies Are Not Pressed to Settle Your Case Immediately
In most circumstances, insurance companies are not motivated to reach an early settlement of your claim and think they have time before you pull the plug on negotiations and take your case to court. Insurance companies have an innate sense of when to get serious about settlement negotiations, and eventually, they may raise their offer.
You May Need to Go Through the Court Process Before You Settle Your Case
Even if you take your case to court, there is still a high likelihood that you can avoid a trial. However, litigation may be necessary to place a time limit on how long insurance companies can take to settle your case.
If you file a lawsuit, you may still go through much of the court process before you reach a settlement. Insurance companies may attempt to settle your case at various points in the lawsuit process, especially if they have filed a motion to dismiss your case and the judge rules against them.
Assuming your case continues through the lawsuit process, you may go through discovery, where your car accident lawyer can build a stronger case for you. A car accident attorney can speak to the other driver involved in the accident, asking them questions under oath in a deposition.
You may also present expert witnesses who may answer questions from the insurance company's attorney at depositions. These expert witnesses can give their opinion about the cause of the car accident or your damages.
Your Leverage Can Increase During the Court Process
If your car accident attorney has had a successful deposition, it may make insurance companies more likely to get serious about settling your case before it goes to trial.
They constantly reassess their risks and may raise their settlement offer if they believe their case does not have a leg to stand on. If you agree, the judge will dismiss the case, ending the legal controversy.
Many Cases Settle Because Insurance Companies Have No Other Choice
Insurance companies usually know which car accident claim they need to settle after receiving your case and reviewing it. Most car accident claims are cases the insurance company knows will end in a settlement without a trial.
Thus, when insurance companies decide to go to trial, they have a reasonable chance of winning because these are often more complex cases where there is a significant dispute about the facts of the car accident.
However, winning a car accident case in court is entirely possible, especially when you hire an experienced car accident lawyer who has conducted trials and made effective presentations to a jury.
Insurance Companies Have Their Risks When They Go to Trial
Insurance companies usually want to avoid trials because they can end up liable if there is a catastrophic result. If the jury awards you an amount exceeding the policy limit, the other driver may owe you money from their own pocket.
They may have a cause of action against their insurance company because there could have been a settlement agreement before reaching this point. This lawsuit is called a bad faith claim, and it can result in the insurance company owing a large amount of money in compensatory and punitive damages.
You May Want to Avoid a Trial But Might Have No Choice
You also have reasons to avoid a jury trial for your car accident case. There is always a risk that the jury will side against you, and then you will get nothing for your damages when you may have received something in a settlement. Then, the lawsuit process can add months or years onto the timeline of when you may get money in your case.
However, a jury trial may be a necessity after you have suffered an injury in a car accident. You and the insurance company may have a significant difference of opinion in your case's worth.
More fundamentally, the insurance company may have denied your claim and is refusing to pay you anything. It may try to point a finger at you for the car accident, effectively cutting the money it must pay you. There may be an impasse that you cannot break, and only a jury's decision can resolve things.
The Prospect of Litigation Can Help Your Position
You must always retain the litigation option because that gives you the most leverage in settlement negotiations.
If you do not have a car accident lawyer representing you, there is little credible threat of litigation because you do not know how to build and try your case in court, and you may have already made a mistake that compromised your case. Whatever you do or say, the insurance company will try to use it against you, even if you made an error before you hired a car accident lawyer for your case.
Therefore, hiring a car accident lawyer right after the crash is in your best interest to protect your legal rights. They can handle all communication with the insurance company, ensuring you do not make any statements that may harm your claim. They can also help you understand the legal process, advise you on the best course of action, and answer any questions or concerns you may have along the way.
Hiring an Attorney Does Not Require Money Out of Your Own Pocket
After a car accident, you may face unexpected expenses, including medical bills, car repairs, and lost income. If you don’t know how much it will cost you to get this legal help, hiring a lawyer does not require money out of your own pocket.
Most car accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case. This fee is a percentage of the total amount recovered, and you will not have to worry about paying attorney fees upfront or out of your finances. The lawyer’s fee comes from your settlement or court award.
By working on a contingency fee basis, car accident lawyers make legal representation accessible to everyone, regardless of their financial situation.
This arrangement allows individuals injured in a car accident to pursue their claims without the added burden of upfront legal costs. It also ensures that the lawyer will work hard to get the maximum compensation possible for their client, as their payment depends on it.
In addition to covering the lawyer’s fees, most personal injury lawyers also handle the costs of your case, such as court filing fees, expert witness fees, and investigation expenses. These costs are typically advanced by the lawyer and reimbursed out of the final settlement. Again, this means you are not responsible for paying these expenses upfront.
Hiring a lawyer to help with your car accident claim can make a significant difference in the outcome of your case. They have the knowledge, experience, and resources to navigate the legal process and fight for fair compensation on your behalf.
The best part is that you do not have to worry about paying for their services out of your pocket. So, if you have suffered an injury in a car accident, contact a lawyer who can get the justice and compensation you deserve.