Last Updated on May 20, 2021 by MoneyVisual
Typically, when involved in a car crash, it is obvious that you might, either, claim for compensation or someone claims it from you. The usual course of action would be seeking an out-of-court settlement.
Let’s face it, nobody likes to go to courtroom trials. However, when out-of-court negotiations fail, you can expect a courtroom trial to resolve the case.
But, how do you know when your car crash case would enter the trial phase?
If One of the Parties is Charged with a Criminal Offense
In most cases that enter a courtroom trial, either of the parties is involved in a criminal offense. As it mentions here, https://www.beyandassociates.com/practice-areas/car-accidents/ if one of the parties is charged with DUI or a hit-n-run case. Both these cases are usually paired with other offenses too.
According to a survey, nearly 1% of the total accidents reported in the US are DUI cases. Though the number is small, they are still one of the biggest reasons for wrongful deaths in the US.
On the other hand, in a hit-n-run case, the offender is charged with multiple offenses. Felony charges, along with, at least 6 months of imprisonment are common hearsay.
“It is also noteworthy that the plaintiff, in a personal injury case, might also need to testify criminal offenses. Though, it would be handled separately with the prosecutor and not a personal injury attorney.”
If the Defendant Makes an Inappropriate Offer
Another common reason for a personal injury car accident case to enter the courtroom trial is when the negotiations fail. The usual course of action for a personal injury case would be filing a claim with the at-fault party’s insurance company.
During the initial claim procedures, both the parties would usually sit and try to negotiate the compensation for the claim. It is also noteworthy that the insurance company, in this case, would be analyzing the losses.
The loss evaluation would include costs of repairs, medical expenses, and sometimes emotional and psychological suffering too.
“In case, if the defendant’s insurer denies you or does not offer you the rightful compensation, courtroom trials are sought. The plaintiff can bring the case against the defendant in court.”
If There are Arguments Between the Parties Involved
A rather uncommon reason, but still a reason, for courtroom personal injury claim trials, is arguments between the parties. Well, arguments could be due to anything from failed negotiations to wrongful death.
But, as soon as the case enters courtroom trials, the personal injury attorney would need to prove the fault. It needs no mention that the defending party’s attorney would try to nullify all pieces of evidence.
It is particularly important to have a seasoned personal injury attorney deal with your case, under any circumstance. Perhaps, they are better at getting the verdict in the best of your interests.
“At first, the court would order an arraignment if one of the parties is bailed-out. The court may also order remand custody for the bailed-out party. Notably, this only happens when the defendant is charged with bailable-offenses.” Every attorney tries to do their best for their clients.
It is only when no common ground is found by both the parties, that attorneys would recommend for courtroom trials. In which case, they would also handle the paperwork, evidence procurement, and legal compliance.