The majority of personal injury cases are settled out of court. However, if a fair settlement cannot be reached between both parties, it may be necessary to head to court and have a judge or jury decide the case. This entire process could take months or years, depending on the case.
Our Windsor personal injury lawyers discuss certain situations that could increase the chances of not settling a case pre-trial and what you can expect if your potential case is taken to court. Your first meeting with our firm is free and there is no risk or obligation in moving forward with our services.
Reasons Why a Case Would Head to Court
It is common for disputes over liability in an accident and subsequent injuries to be resolved through informal settlements. Insurance companies want victims to settle as quickly as possible by accepting a low-ball offer to avoid paying out what their claim may be worth. Insurers are less likely to take the risk of not being in control over costs associated with going to trial, paying legal fees and having the court decide compensation for the victim.
Some common reasons why a case would head to court include:
- Both parties cannot agree on who is liable – If the victim and the other party are unable to agree on who caused the accident, there are not many options but to go to court.
- Both parties cannot agree on the compensation amount – A case may go to trial if the insurance company is not willing to negotiate on a certain amount, the other party is being unreasonable in their request, or the victim feels that he or she deserves more than the compensation amount being offered in the settlement.
- The victim decides to sue the other party – In other cases, the victim may feel that the only way to obtain a fair and just settlement is to go to court and let a judge or jury decide what happens.
What to Expect From Trial
A trial could provide an opportunity for the victim to argue his or her case so that a judge or jury can examine the evidence, decide what actually occurred, and rule on whether to find the other party legally liable for the accident and the victim’s injuries.
Opening statements would be made by both parties. You lawyer would explain how the other party was responsible for the accident that resulted in you being harmed and how these injuries have impacted your daily life, lost time at work, and relationships with loved ones.
These statements will likely be followed by testimony from an expert witness, such as a medical expert, who may use your medical records to show how the accident and your injuries are connected as well as the extent and severity of your injuries.
During cross-examination, the other side will try and refute the facts of the case. The other side may say that your injuries are pre-existing or not as serious as you claim.
Other statements from anyone who may have witnessed the accident may be heard followed by closing arguments. The judge may make a decision or instruct the jury to review the facts of the case and come to a conclusion. After deliberation, a verdict would be read.
How Our Lawyers May Be Able to Help
The most important thing you can do if you have been injured in an accident caused by negligence is to reach out for legal help. Although most personal injury cases are settled out of court, a lawyer will be able to help you navigate the legal process and advise you on whether or not a settlement offer is fair.
Get the compensation you need by reaching out to our lawyers at Greg Monforton & Partners. We know what it takes to build a strong case for compensation and are ready to go to court on your behalf if it is necessary. Our consultations are free and there is no obligation to take legal action.
We only get paid if you do. Give us a call at (866) 320-4770.