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When Do Car Accident Cases Go to Court?

When Do Car Accident Cases Go to Court?

Posted By The Barrera Law Firm, PLLC | 1-May-2017

Most personal injury and car accident cases are resolved out of the courtroom. This means that when victims suffer injuries due to the negligence of others and file a personal injury claim, they work with the at-fault party’s insurance provider to reach an agreement on how much compensation should be provided. This compensation will cover the damages a victim suffered as the result of a wreck, including their medical expenses, lost income, and pain and suffering, among others.

Although most cases can be effectively negotiated and settled before a case heads to court, especially when victims have the help of a proven personal injury attorney, others may not. When this is the situation, a case will be litigated at trial, and both sides will have the opportunity to present their version of the facts to a jury or a judge who will then have the responsibility delivering a verdict.

At The Barrera Law Firm, PLLC, our car accident lawyers have helped injured victims and families throughout the Virginia following all types of auto accidents, including those involving passenger vehicles, commercial trucks, pedestrians, and bicyclists. We know that cases are always unique, and that it is critically important to never rest on anticipation of a fair and quick settlement. This is why we always prepare every case as if it is going to court, and why we fight aggressively at trial on behalf of our clients when necessary.

How Does Trial Work?

When you have been injured due to another’s negligence, you have the right to pursue a financial recovery of your damages by holding the at-fault party liable. Unfortunately, this is not always an easy task, especially if at-fault parties and their insurance providers want to make it challenging and pay you as little as possible, if anything at all.

A trial might be necessary under a few circumstances, the most common of which include:

  • Disputed fault and liability – It is common for at-fault parties and insurance companies to dispute liability. After all, they do not want to pay; they are in business to make money. This means they may challenge the very basis of your claim by stating that they are not at fault and therefore not liable for causing your damages. In some cases, they may also argue that you contributed as least partially to the cause of your wreck, which would reduce the amount of damages you can recover. Our experienced attorneys work to avoid this issue by clearly and convincingly establishing fault and liability, and preparing an effective presentation of these issues at trial when needed.
  • Disputed damages – In some cases, insurance companies may disagree with damages claimed by victims. This can happen when an insurance provider says that a victim is not really injured, or that their injuries were not as severe as they present. To bolster their arguments, they might point out your medical information and work with their own medical team to take credibility away from your claims or say that you over-treated. Knowing how to handle these disputes is essential to recovering the compensation you need, especially if you have future medical needs. It is why our firm has a network of professional connections we leverage when working with medical experts and other relevant witnesses who can provide testimony about the nature and extent of your injuries.
  • Low settlement offers – After you have obtained the medical treatment you need, or have gotten as well as you can, the full scope of your economic and noneconomic damages can be calculated. Our legal team carefully assesses how an accident impacted a victim’s life financially, physically, and emotionally. In some cases, we also take into consideration the damages experienced by victims’ families. With this information, we work to negotiate a settlement with the insurance company that meets both your current and future needs. If insurance companies continue to place profits over people and fail to make fair settlement offers, we can take the case to trial.

Remember, insurance companies are more concerned about collecting premiums and protecting their bottom line than they are about you, your injuries, and how they affect your life. Their actions and reluctance to pay victims what they deserve is often a large reason why cases go to trial. With an advocate on your side who has the experience and resources to fight back, however, you can be confident that should a settlement become elusive in your case, your team will be ready to take your case to court.

Have questions about a recent car accident or wish to discuss a potential case with our team? Contact us today for a FREE case evaluation.

Tell Us About Your Injury

It is crucial that you contact an experienced personal injury attorney as soon as possible.

Send Your Information

Why Choose The Barrera Law Firm?

  • We have over 30 years of personal injury and immigration experience.

  • You will be included on every step throughout the entirety of your case.

  • Fluent in English & Spanish to ensure your voice is heard no matter the language.

  • Our client-centered approach has proven to create a strategy optimized for your needs.