Why Do Some Car Accident Claims Have to Go to Court?
The vast majority of car accident claims are settled outside of court, but that is definitely not always the case. If a claim doesn’t settle on its own, the claimant may have to file a lawsuit and proceed to litigation in order to recover the compensation they desire. This can be incredibly intimidating if you don’t have an experienced car accident attorney by your side, but if you do, you will have a much higher chance of success. Potential claimants should note that Van Law Firm has the expertise and the resources to handle any car accident claim, up to and including trial. Call (725) 900-9000 to learn more.
Reasons Why Car Some Accident Claims Proceed to Litigation
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There are numerous reasons why a car accident claim may proceed to trial, but here we will focus on two of the most common—disputes regarding liability or compensation. One thing to note about trials is that no matter how strong your case is, there are never any guarantees in court. If a claim is being disputed to the point where it proceeds to trial, that means that one party is going to be extremely unhappy with the outcome; if the plaintiff wins, that usually means the defendant will have to pay much more than they originally wanted to, and if the defendant wins, the plaintiff walks away with nothing, which is a worst-case scenario. You will have to discuss these considerations with your attorney prior to filing suit to ensure that you are on the same page.
Defendant Refuses to Accept Liability
In order to successfully recover compensation, another party must accept at least partial liability for the accident at hand, but sometimes this is very difficult. A defendant may refuse liability for any number of reasons, and unfortunately the only way to actually force them to accept blame is to take the case to court.
This is where an experienced attorney really shines, as they will be able to prove your case by gathering evidence such as police reports, medical records, witness statements, and expert testimonies.
Discrepancies Regarding Compensation
The other dispute that may prevent a claim from being settled out of court has to do with the amount of compensation at stake. Valuations are a huge part of car accident claims, as both sides will come up with a figure that they feel is reasonable for the accident in question–as you can imagine, the plaintiff’s valuation is almost always higher than the defendant’s, but sometimes this gap is such that negotiations reach an impasse and adjudication is needed in order to resolve the dispute.
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When you sit down with your attorney to compile all of your damages, they will include any and all forms of compensation that you may be eligible to receive, including medical expenses, property damage, lost wages and benefits, and even non-economic losses such as pain and suffering or loss of enjoyment. Defendants usually try to downplay the seriousness of an accident and its resulting injuries, but a good attorney will be able to prove your case and recover a settlement or verdict that you are comfortable with.
Need Help Litigating a Car Accident Claim? Van Law Firm is Here to Help
Car accident claims are stressful enough as it is, but the thought of litigating your own case is a daunting task for any accident victim. Luckily, the award-winning team of car accident attorneys from Van Law Firm are here to help tackle any claim, no matter the circumstances. We handle all of our litigation in-house, and we are proud of our trial record, which includes numerous verdicts in excess of a million dollars. Don’t wait–call now to schedule a free and confidential consultation.
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