Will I have to go to court if I file an accident claim?
Car accidents can lead to a huge pile of expenses. Ideally, you would reach an agreement with the insurance company on a fair amount to cover your losses. Unfortunately, insurance companies don’t always act in good faith, and you may find yourself having to take legal action to secure a just settlement.
Reasons you’d have to go to court.
Car accident cases don’t always end up in court, but when they do, it’s usually because there are problems with getting a fair settlement from the insurance company. There are certain situations where you might find it necessary to take your car accident case to trial.
When the opposing party’s insurance company won’t negotiate. Insurance companies aim to maximize their profits by minimizing the amount they pay out on claims. They generate revenue through the premiums that customers pay and often scrutinize each claim closely to find reasons to reject it, thereby reducing their financial responsibility. If the insurance company takes a long time to process your claim, claiming that you aren’t covered or dealing with your claim unfairly, you might have to take legal action to get the full amount of damages you deserve.
What happens during the court process?
Prior to going to court, there are important steps like pretrial motions and discovery that take place. During this time, either side can submit motions to ask for evidence, block certain evidence, delay the trial, or make other requests before the trial starts. Discovery is the process where both parties share the evidence and information they intend to use in their case. This exchange is crucial because it gives your lawyer insight into how the opposing side might argue against your claims of responsibility.
During the court proceedings, your lawyer will present their opening statement first. They will explain to the judge and jury the details of the accident, aiming to clarify why the defendant is at fault. After that, the lawyer representing the defendant will have their turn to give an opening statement, which will probably present a different perspective on what happened and suggest alternative reasons for your injuries.
Once both sides have given their opening statements, your lawyer will introduce the evidence collected to demonstrate that the defendant is responsible for what happened. This evidence can consist of pictures showing your injuries, testimonies from people who witnessed the accident, expert opinions, and written statements from friends and family who can confirm the serious injuries you suffered and how they affected your daily life. Additionally, the lawyer representing the defendant will have the chance to question any witnesses that were brought in to back up your claims.
After that, the defendant will present their side of the story. They might claim that your injuries didn’t actually result from the car accident, suggesting instead that they were caused by something else entirely. Meanwhile, our job is to question the witnesses brought in by the defendant and dispute the evidence they provide during the trial. Once both sides have shared their evidence to back up their arguments, the judge and jury will take some time to think things over and come to a decision.
How can I avoid going to trial?
Most people really want to steer clear of going to trial whenever possible. The best way to ensure you won’t have to face a trial is by securing an insurance settlement that fits your requirements. The Law Office of Brian Brunson has several strategies to assist you in avoiding the courtroom.
It’s important for us to gather proof that clearly shows the other person is at fault for the car accident and the injuries that followed. To achieve this, we need to demonstrate that the key factors of negligence are present in the situation.
IF YOU’VE BEEN INJURED IN A CAR, TRUCK, OR MOTORCYCLE WRECK, CONTACT THE LAW OFFICE OF BRIAN BRUNSON TODAY.
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.
