Will My Pedestrian Accident Case Need to Go to Trial?

If you or someone you know has been affected by an inattentive driver, then you may be entitled to monetary compensation. When you hire a lawyer to represent your legal needs, he or she can negotiate the best settlement for you based on the injuries you sustained and the long-term effects of the accident. Since the attorney has experience in handling pedestrian accidents, he or she can ensure you receive full compensation. However, in the end, you are the one who will decide whether to accept the settlement or take the case to trial.

Accepting a settlement

A settlement refers to the final resolution in a claim. If you believe the insurance company has offered you a fair compensation amount, then you can accept the offer at any time. When you do so, your case will end and so will your ability to collect more damages. This is the easiest solution as you won’t need to go to court and the hardest part is over.

Timeline of a settlement

Your attorney will kickstart the process by submitting a demand letter. The insurance company or the defense attorney will review the demand letter and make a counteroffer. Then negotiations will begin between you and the other party. Then you may accept the settlement, or the case can proceed to trial. Thanks to your attorney all you must do is wait to hear back from them. They are doing the hard part for you.

Reasons for settling

A settlement may be reached if the insurance company is sure, you will win the case at trial, if you decide that the settlement offer is sufficient for you, and if the insurance company realizes that they will save a lot of money if they just decide to settle. When you settle, you can get your money faster, save your money and remain in control of the whole process.

Going to Trial

If your personal injury case fails to reach a settlement, then you may proceed to trial, where a judge or jury will determine who will win the case and how much financial compensation they will receive. Your case will most likely proceed to trial if you and your lawyer believe the insurance company is offering you a very low settlement.

Timeline of a trial

The six steps to a trial entail; gathering a jury, giving opening statements, allowing witnesses to testify, and be cross-examined, presenting closing arguments, waiting for jury instructions and deliberations and finally hearing the jury verdict. That is the timeline of the trial, but preparation for trial can take months of research and case-building. However, it has some advantages like; if you win, you will receive more money and you will feel great for getting justice.

Should I accept the settlement offer or proceed to trial?

When deciding whether to accept the offer or proceed to trial, your attorney must examine different factors such as the severity of your injuries, future medical expenses, whether you have long-term disabilities, property damage expenses and pain and suffering that you experienced or will continue to experience.

Bottomline

Your case may proceed to trial if you and your lawyer believe you have been offered a very low settlement which cannot cover all the losses you have incurred or will continue to incur because of the accident. You have every right to get the compensation you deserve. Your attorney will help you every step of the way. It is advised to stay on track and get the amount that you feel is best for your case.