Do I Need to Go to Court If I’m In a Car Accident?
January 14, 2019 | Car Accidents
Despite what you’ve seen in television shows and movies, not all cases go to trial or court. The truth is that most car accident settlements are handled outside of court and finalized before ever having to go to court. Some cases do go to court, but this is only when your car accident lawyer feels as though you are not receiving the maximum amount of compensation that you should be.
How are Car Accidents Settled Outside of Court?
Car accident trials can be expensive and time-consuming, so most car accident cases are settled outside of court. It’s important to gather evidence after a car accident, make sure to file a police report, get a medical report from a doctor, and then call a lawyer to start working on your insurance claim. Your experienced personal injury lawyer can help you:
- Write a well-written demand letter stating what damages you’d like to recover and the grounds you have to do so
- File a claim against the other driver’s insurance company
- Negotiate an offer with the insurance company for damages
- Fight for your case until you receive an offer that you are satisfied with
Is There a Limit on the Amount of Damages Someone Can Receive for a Car Accident?
In some states there is a limit to how much a victim can recover in pain and suffering damages. States that limit the amount of compensation that can be recovered have a damages cap law in place that limits the amount of non-economic, or pain and suffering/other damages that do not have a dollar amount affixed to them. This damages cap for non-monetary injuries prevents the amount of invalid or falsified claims that are made. A damages cap ensures that the justice system is fair and that the legal system is just and honest.
Most states do not have a damages cap, but instead have rules placed on how can and cannot receive damages from an accident. Depending on the state’s negligence laws, one or both parties can recover damages from an accident. It can be confusing to understand what laws your state uses when awarding damages, so it is important to immediately talk to a car accident lawyer for more information about your state’s laws and how they apply to your case.
When Should a Car Accident Case Be Taken to Court?
After submitting a demand letter to the other driver’s insurance company with the help of your lawyer, it is important to not just accept the first offer that you are given. Your car accident lawyer can help you negotiate for the highest amount in compensation for your claim, and if the insurance company refuses to accept it there is the option to take your claim to court. Your lawyer will use any and all evidence that you have from the accident and use this to substantiate and back your claim for compensation. It is important to note that not all cases are eligible to recover compensation for their claims. If a case is eligible to recover damages and does go to court, keep in mind that it is subject to the decisions of both the judge and the jury which poses the risk of them not siding in your favor.
Call a Car Accident Lawyer to Represent Your Case Today
The bottom line is that if you are involved in a car accident, you must call your lawyer immediately to discuss your case. Even if you’re not the person who is at-fault, car accidents have a way of becoming more complex and harder to deal with without the help of legal counsel. Your car accident lawyer will make sure that you are safe and protected, and that your case has the best possible shot of winning the most in compensation. Are you ready to win the maximum amount of damages for your car accident case? Feel free to contact the Dixon Injury Firm today to begin discussing your car accident case with one of our experienced personal injury attorneys.