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
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.