There are two options that you can choose after getting part in a car accident, which is trial and settlement. Most people would rather choose to create an agreement with the other side since it is an easier and faster process where you don’t have to deal with the court and spend a lot of time. However, it is not always that simple, and there are situations where participants cannot agree on some terms. In that case, trial is the only solution left.
For example, your vehicle got hit on an open road, and it is clear that the other side is responsible for that. Most people will offer to create an agreement where the other side will compensate for the damage done to the vehicle and potential medical expenses, along with some other fees. Also, it is common that the other side will try to negotiate a better deal, and that is the part where you should never agree on some terms so easily.
If you don’t have any experience in this area, you are risking to agree on taking a much lower amount. Therefore, the best solution is to contact an expert in this area, like foryourrights.com. This person will provide you with detailed analysis of the case and suggest you the right actions and amount of money to request.
If there are still complications with the other side where it doesn’t want to agree on your terms, you should start a trial process. In this article, we are going to introduce you to some of the most important things to know and expect from this process.
It Takes More Time
As we already mentioned, one of the main reasons why people rather choose to avoid dealing with the court is that it can last much longer when compared with mutual agreement. Still, there are many advantages if you have issues with the other side that is not accepting your offer. Also, it is the only solution for determining the responsibility for the accident.
Be Sure To Properly Present the Case
This is the main reason why you need a good lawyer in this area since presenting the whole situation in the right way can make the process faster, easier, and provide you with the right amount of compensation.
In that matter, you should pay attention to all details, such as the police report, evidence, witnesses, medical documents, and more. One of the first things to do after taking part in an accident is to call the emergency service, where police and ambulance will quickly arrive at the spot.
That way, you will secure that everyone is safe, and get a detailed report that you can use in the court. Having several witnesses is also a big advantage because the other side might have a different statement. That will help you avoid complications in proving the responsibility.
It is a More Secure Solution
Everyone who is facing certain issues with another party involved in the accident should make this choice and transfer the case to the court. It can be complicated to calculate the right amount of compensation if the accident is more serious, with more than two vehicles involved, and with people who suffered more serious injuries.
Things are quite simple when it comes to determining the amount related to damage made to the vehicle and medical expenses since you can provide valid documentations that will prove that. However, there is a more complicated part that is often the main reason why people choose trail over making an agreement.
That part is related to long-term physical and mental issues caused by an accident, and determination of the mount that the injured party should get for the pain and suffering. Moreover, there could be injuries that will prevent the person from staying on the same job, having to spend a lot of money on further treatment and rehabilitation, and more.
Keep in mind that the compensation for these issues can be hundreds or even millions of dollars in compensation, depending on how serious the injuries are, and the laws in your state. Proving all these details and securing the right amount is only possible on trial.
The Timeline of the Process
The first thing to do is to apply for the trial. After that, the state will choose a jury and judge. You should start preparing for the process right after you get a date for the start. Moreover, both sides will have to prepare statements where they will provide details of their versions of the accident.
Another step is to bring witnesses and different expert to the court who will provide the testimony and professional evaluation. For example, expert will examine the condition of both vehicles, traces of breaking, and position of cars in the moment of accident. That can serve in your favor and help you prove that the other side is responsible.
When it comes to more serious injuries, it is crucial that doctors are included as well, who will provide essential report about the current and further expenses for rehabilitation, and help the jury to determine the right amount for mental and physical pain.
When the part where both parties are providing all details with the assistance of experts and witnesses is over, they will have a closing argument, and then the jury can continue with further evaluation of the case. In the end, this group will provide their opinion to the judge who will then decide who is responsible, and order the amount of compensation along with other fees, penalties, and the right sentence for guilty participant.
The main advantage of this option is that you can receive the right amount of money as compensation, which is especially important if you suffered more serious injuries. That is the only way to resolve the case if both parties cannot create a mutual agreement as well. Therefore, you should always choose it if you are having problems in making the agreement. Also, having a good professional assistance is necessary.