Do you have to go to court for a car accident?
Many people ask themselves this question ahead of hiring a car accident lawyer. After all, the process of recovering from an accident is often painful enough, and the thought of defending cases in court often deters people from getting the help they need.
So, knowing when you have to go to court (and when you don't) is helpful. Below, we'll go into everything you need to know about going to court after a car accident. Keep reading to learn more about your options!
When Do You Not Need to Go to Court?
Good news: most car accident lawsuits don't actually go all the way to court.
Instead, the process follows a pattern. First, the client will seek out the services of the best car accident lawyer they can find. Usually, the attorney and the client meet for a cost-free, no-commitment consultation. If they agree to work with one another, the attorney will start collecting evidence about the client's case.
Then, the lawyer will send a demand to the other party's insurance company. If the insurance company responds with a settlement offer, the attorney will review it. At this point, the client can either accept the offer or decline it.
If the offer gets declined, the lawyer will file a lawsuit with the court. This opens the litigation phase of the process and kickstarts the second round of investigations. At any point during the process, the insurance company can send settlement offers. The attorney will go over each offer with you. The sides will negotiate until they arrive at a settlement.
Neither side wants to go to court, as this prolongs the process. As such, your lawyer will do their best to negotiate a good price early on.
When Do You Need to Go to Court?
There are several instances in which you'll need to go to court after a car accident.
Even though most cases settle out of court, some won't. If the two sides fail to settle, a court date will be set. When that happens, you will need to go to court. Still, your lawyer will present your legal arguments for you, so you don't have to worry about how you're going to portray your situation!
If the other driver doesn't have insurance, you might need to take them to court. It is illegal to drive without insurance. However, some people can't afford the payments and choose to drive anyway.
Keep in mind that a person who cannot afford insurance likely won't be able to spare much money to compensate you. Even if the court orders them to pay you money, they might not be able to do it. People in this situation can also declare bankruptcy. When this happens, they'll be able to shake off their legal obligation to pay you.
So, if an uninsured driver hits you, it's best to talk to an attorney about how to proceed. A good lawyer will guide you through the pros and cons of suing an uninsured driver.
But what if you weren't responsible for the accident and received a subpoena instead? This might happen if you witnessed the accident. Court subpoenas are legally binding. If you're summoned and don't show up, the judge will hold you in contempt of court.
What Happens If Your Case Goes to Court?
So, you've found out your case will go to court. What should you expect?
Car accident hearings get resolved in a similar fashion to criminal cases. The attorneys select an impartial jury. Anyone who has any biases that could influence their ruling will be eliminated. Then, on the appointed court day, you and your legal team will show up at the court.
Lawyers from each side will present their legal arguments. Typically, the plaintiff's lawyers go first. They will present their evidence and try to prove the other side was at fault for the accident. Then, the defense will respond. Witnesses may be interrogated during the court proceedings.
After all the evidence, the lawyers will issue their closing statements. Then, the jury will leave to deliberate amongst themselves. Jury deliberations may end in a few hours, but they can also take days.
Once the jury reaches a consensus, everyone will be called back to the court. The judge will then read the jury's decision and produce a verdict. If you win your case, the other party will have to pay you the amount of money listed in the judge's verdict.
Are There Any Advantages to Going to Court?
Even though most cases settle outside of court, you have a key advantage if you go to court.
Once the judge issues the verdict, the other side is legally bound to pay you. From jury selection to the ultimate ruling, car accident trials attempt to be as fair as possible. So, if you win, you'll likely get as much money as you need.
Having a great auto accident attorney increases your chances of winning. A good car crash lawyer will know how to present your arguments in the best light and be an expert at persuading the jury. As such, it pays to hire the best car accident attorney.
Ready to Hire a Car Accident Lawyer?
So, are you ready to hire a car accident lawyer for your case?
If so, you need the best team on your side. Before going to court after a car accident, you'll need to look for someone with experience working with clients like you.
That's where we come in. As a legal team, we've worked on many car accident cases and won. Want to increase your chances of winning? Contact us today to schedule a free consultation!