After having been injured in a car accident, you probably think that hiring a car accident lawyer, then filing a lawsuit and going to trial is the best way to go. However, in most of the cases, settling the claim is the fastest and safest option.
Many people are completely unaware of the huge amount of car accident injury claims that are actually solved in a settlement. Most lawsuits settle typically before going to trial. Moreover, a big percentage of car accident insurance claims are solved through settlement, which means that a lawsuit is never filed.
Nevertheless, sometimes it is beneficial to go to court and let a jury or judge take the decision.
The thing is that in case of a car accident injury, you can settle or ask your car accident lawyer to go to a court trial.
Going For a Settlement Before Filing a Lawsuit
The standard way of settling a claim before taking it to court is a demand letter. Your car accident lawyer will need to prepare it thoroughly and gather a lot of evidence. For instance, if you needed medical treatment for your car accident injuries, you will need to present your medical records. This takes up to several months, and some medical healthcare providers will charge you a fee for that. Or if you could not go to work, you must request your records, showing your hours and salary before the accident, and the time missed as a consequence of the injury. Additionally, you may want to collect any evidence of liability for the accident.
After that, it is time to write a correct and concise demand letter, listing important dates in chronological order. Every detail surrounding the accident should be described. After having completed the demand letter, it is mailed to the other party – the wrongdoer- his insurance company or car accident lawyer.
Now comes the time for settlement conversations.
Heading to Court
We already mentioned it is always better to try to settle the car accident claim before going to court. However, in some cases settlement isn´t possible or isn´t advisable. For example, if you didn´t receive any answer to your demand letter or if you are being offered a too low settlement offer by the insurance company.
To file your lawsuit in court, your car accident lawyer will present a formal complaint and submit it to the corresponding court. The other driver must also be served the complaint through a process server or a law enforcement officer. The defendant has a determined period to respond to the complaint, generally 20 days.
Then comes the discovery process in which you will ask information from the defendant, and the defendant will ask information from you. This can be done by written questions, and you may also request documents from the defendant. On the other side, you can schedule a deposition, where people will have to testify.
Testimonies are recorded and can be used in court.
Finally, the trial is the last step. During trial, the jury or judge will be presented with the evidence, hear testimonies and decide the case.
However, during the court case, before there is a verdict, your car accident lawyer can still settle the case if you are given an acceptable offer. We could say that you do not lose your right to settle even if you file a car accident lawsuit.