Car accidents are not a joke. It leaves victims with physical injuries, emotional distress, and financial burdens. While many cases are resolved through insurance settlements, there are times when litigation — going to trial — may be necessary to achieve a fair outcome.
So, how do you determine if pursuing litigation is the right choice after an accident?
In this blog post, we’ll guide the trial process, discuss when to consider litigation in accident cases and the key factors to consider before making this decision.
First Off, Let’s Understand the Trial Process
The trial process, while often depicted dramatically in movies and TV shows, is a structured legal procedure aimed at resolving disputes and determining liability and compensation.
It’s a complex journey, with each stage serving a specific purpose in presenting evidence, arguing your case, and ultimately seeking a fair resolution. According to the National Center for State Courts, only about 3% of personal injury cases, including car accidents, actually proceed to trial.
Here’s what to expect.
File a Lawsuit
Firstly, your attorney will initiate the litigation process by filing a formal complaint, with the court, outlining your claims against the responsible party.
Discovery Phase
Then comes the discovery phase. It involves gathering and exchanging evidence, including medical records, accident reports, witness statements, and expert opinions. Both sides will have the opportunity to examine and question each other’s evidence.
Pre-trial Motions and Hearings
After gathering evidence, your attorney and the opposing counsel may file motions and attend hearings to address procedural matters, dispute evidence admissibility, or even attempt to resolve the case before trial.
Jury Selection
If your case proceeds to a jury trial, both sides will participate in selecting the jurors who will hear your case and ultimately render a verdict.
Opening Statements
The trial begins with opening statements from both attorneys, providing an overview of their respective cases and the evidence they intend to present.
Closing Arguments
After all the evidence has been presented, both attorneys will deliver their closing arguments, summarizing their case and attempting to persuade the judge or jury to rule in their favor.
Verdict and Judgment
The judge or jury will announce their verdict, determining liability and, if applicable, the amount of compensation awarded to the injured party.
The trial process can be lengthy and complex, often taking several months or even years to reach a resolution. It’s essential to have an experienced attorney by your side.
When to Consider Going to Trial
While settling a car accident case outside of court can offer a quicker resolution, there are circumstances where pursuing litigation may be the more advantageous path. Here are some scenarios.
Insufficient Settlement Offers
If the insurance company offers you a settlement that doesn’t really cover your damages, it might be a good idea to think about going to court. A skilled Tampa car accident lawyer can help you figure out if the offer is fair and whether taking your case to trial might get you more compensation.
Disputed Liability
When the other party contests their fault or there’s a disagreement about who’s responsible for the accident, litigation may be necessary to establish liability and obtain compensation. In these “he said, she said” situations, going to trial might be the only way to sort things out and prove who’s really responsible.
Severe Injuries or Damages
While cases involving severe injuries or significant damages often warrant litigation to ensure you receive adequate compensation. A trial allows you to present the full extent of your losses, including medical expenses, lost wages, pain and suffering, and future medical care, to a judge or jury who can then determine a fair and just award.
Bad Faith Insurance Practices
Unfortunately, insurance companies don’t always act in good faith. They may employ tactics to delay, undervalue, or even deny your claim. In such cases, getting help from resources is best to hold the insurance company accountable and compel them to fulfill their obligations.
Desire for Justice and Accountability
Beyond financial compensation, some individuals seek justice and accountability for the harm they’ve suffered. Litigation provides an opportunity to have your case heard in court and hold the responsible party accountable for their actions. This can provide a sense of closure and validation, even if the financial outcome is uncertain.
Factors to Weigh Before Going to Trial
While litigation can be good for seeking justice and fair compensation, it’s important to consider the potential drawbacks and challenges before making a decision. Here are some key factors to weigh.
Cost and Time Commitment
Litigation can be a lengthy and expensive process. You’ll need to consider attorney fees, court costs, expert witness fees, and the potential loss of income if you need to take time off work to attend court proceedings.
Emotional and Psychological Toll
The trial process can be emotionally taxing. You may have to relive the traumatic experience of the accident, face cross-examination from the opposing counsel, and deal with the uncertainty of the outcome.
So, it’s important to be mentally prepared for the potential stress and anxiety associated with litigation.
Uncertainty of the Outcome
There are no guarantees in litigation. Even with a strong case and a skilled attorney, the outcome can be unpredictable. A judge or jury may not see things the same way you do, and there’s always a risk of receiving a less favorable outcome than you hoped for.
The Role of Your Attorney in the Trial Process
Having a car accident attorney in Tampa by your side is crucial if you decide to pursue litigation. Here’s why.
Investigate the Accident
They will conduct a thorough investigation, gathering evidence, interviewing witnesses, and consulting with experts to build a strong case on your behalf.
Negotiate with the Other Side
They will negotiate with the opposing party or their insurance company to try to reach a fair settlement. If a settlement cannot be reached, they will prepare your case for trial.
Represent You in Court
Your attorney will represent you in court, presenting evidence, cross-examining witnesses, and making legal arguments on your behalf. They will fight to protect your rights and ensure you receive the compensation you deserve.
Provide Legal Advice and Guidance
Throughout the entire process, your attorney will provide you with legal advice and guidance, explaining your options and helping you make informed decisions.
Conclusion
So, we’ve clearly shared when to consider litigation in accident cases. It’s a big decision, but knowing the process and having an experienced attorney on your side can help make it less daunting.
And remember that it’s your right to seek justice and fair compensation.
