Car accident victims may find the legal process of seeking redress challenging. You may be wondering about how to initiate legal proceedings against the driver at fault to recover damages. Most car accident cases are usually solved outside court, but there are instances when going to court is the best option. Below, we examine what to expect in court for car accident.
What Leads to a Car Accident Case Going to Court?
Most car accident cases never go to court. When you hire a car accident lawyer, they will investigate the accident and gather evidence to solidify your claim for damages. If the driver at- fault’s insurance company and lawyer come to a fair settlement, then the case will be settled and there will be no need to go to court.
Here are some of the reasons why a car accident can go to court.
- The insurance company fails to compensate you for damages.
- Both parties in an accident cannot agree on who was at fault.
- The insurance company declines to pay the full amount for the damages.
Insurance companies may decline to compensate for your damages fully. If you find yourself in such a situation, the only option left is going to court.
What Happens When the Car Accident Goes to Trial?
During a car accident case that goes to court, both parties will have an opportunity to present their evidence. You need a reputable car accident lawyer to argue your case before the court. Presentation of Evidence
You need to present evidence that convinces the judge that the driver is at fault and should compensate you for the damages. The burden of proof is incumbent upon the plaintiff. In a car accident trial, you can present evidence including accident reports, medical records, expert interviews and even witness interviews.
The at-fault driver’s attorney will be given a chance to cross-examine your evidence and table his proof on why he is not-at-fault and should not compensate for your injury.
In some states, the car accident case may be heard by a jury and in others, a judge. Your lawyer’s duty will be to convince the jury or the judge to grant a favorable ruling. When both sides have presented their evidence, the jury then decides who is at fault for the accident and how much compensation should be awarded to the victim by the insurance company.
How Long Does a Car Accident Trial Last?
You may be wondering about how long does a car accident trial last? You need to understand that every case is different. Some may be settled within a few weeks, while others may last for over a year. It is crucial to understand the legal system to help take the correct actions that will enable your case to be settled expeditiously once the hearings commence.
You should seek legal redress to avoid being short-changed when seeking compensation after a car accident. Hiring an experienced attorney to argue your case is essential to ensure you secure a win. Contact Robert Littlefield Buford III car accident attorney to help recover your rightful damages.