Have you or a loved one been involved in a car accident recently? If there are significant damages involved, you may be wondering if you do need to go to court for a car accident claim.
Many times, car accident cases are settled without the need for a lawsuit of any kind. In some cases, the party who has incurred damages may be interested in suing the at-fault party for loss of income, property damage, medical bills, and more.
If one party decides to file a lawsuit against the other party to collect damages, the case will most likely settle out of court. In other cases, court may be a possibility, which will need to be prepared for with your lawyer. The need for court depends on the damages, the accident, and the cooperation of all parties involved.
Going to Court for a Car Accident Lawsuit
Court is necessary when two parties cannot agree on a settlement. This may be because the at-fault party’s insurance company isn’t offering enough money or the two parties are unable to determine who is at fault for the car accident.
State law says that you have a right to a trial by jury, but the court case can also be settled by a judge alone. During trial, the judge and/or a jury will review claims, evidence, and all details of the case provided by both sides. Then, they will determine who is at fault and how much the settlement will be.
A few reasons a car accident claim may need to go to trial may include:
- Insurance company refuses to settle. Sometimes an insurance company may disagree to what your lawyer decides is fair compensation for your injuries, loss of income, and other damages. When this happens, an insurance company may prefer to go to court and hope the jury will side with them.
- The other driver doesn’t have insurance. When the at-fault driver lack insurance, a lawsuit may be filed to have the individual be found responsible financially for their negligence. Many times, drivers who are willing to drive around uninsured don’s have much in material assets to give. A good car accident lawyer will be able to fully explain your options to you.
- At-fault driver decides to fight the ticket given on the scene. If the driver who hit you decides to got to court to challenge the ticket, you may be called to testify of the accident in a court of law. Make sure to tell your lawyer if this happens, especially if the ticket was issued in the case where you have also filed a claim.
How to Avoid Going to Court
- Contacting the police at the scene of the accident.
- Never apologize, admit blame, or communicate with the at-fault drivers insurance company without speaking to a lawyer first.
- Be sure to take excellent pictures of the scene, any injuries, the roadway, and both vehicles on the scene.
- Keep track of receipts, bills, and anything that is at your expense due to the car accident. This includes days lost a work, car repair bills, and medical costs.
- See a doctor the same day of the accident, or as soon as you can. Lingering injuries and issues need to not only be addressed quickly, but also documented so you have the best bet to be reimbursed for them.
- Get in contact with an experienced car accident lawyers in Atlanta as soon as you can.
There are ways you can avoid going to court. Though going to court may ensure you get your full settlement, it may also cause the process to drag out for a long time, leaving you even longer to take care of your bills from the accident. Weight both options with your lawyer to make sure you choose the right option for your situation.
Hire a Top Car Accident Lawyer for Your Case
If there are significant damages in the car accident, it is crucial to hire the best representation possible. Your damages may be emotional, physical, or related to property loss. No matter what, your lawyer will help you claim all damages and help get you the compensation you are entitled to by law.
There are many ins and outs of your legal case, and only a top lawyer can help you prepare a strong case, stand up to the defense team, and navigate the road to the best result possible.
Want to talk to a lawyer about your car accident case? Rafi Law Firm can help you decide the best path forward – call a top car accident attorney in Atlanta Mike Rafi today at 404-948-3311 or send us a message to get your free consultation now!