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Will I Have to Go to Court to Resolve My Accident Claim?

Will I Have to Go to Court to Resolve My Accident Claim?

If you are injured in an accident caused by someone else’s negligence, a logical step is to seek compensation from the at-fault party. Usually, your Corpus Christi personal injury lawyer will work to help you receive a fair settlement amount by negotiating with the insurance company.

Even in situations where you must file a lawsuit, insurance companies will typically work to resolve the situation before going to trial.

If negotiations are unsuccessful and no settlement is reached, your case may go to court and be heard by a judge or jury. In this situation, you need an experienced and knowledgeable attorney representing your case.

It is worth noting that not all attorneys understand how the trial process works. Some personal injury attorneys settle cases – at all costs. This is true even if the settlement amount does not meet your needs.

This is not the case with The Burkett Law Firm. We will work to get a fair settlement; however, if the insurance company is uncooperative, we have no problem going to court to help you receive the compensation you deserve.

Related Article: How to Maximize Your Personal Injury Lawsuit Compensation

Factors That May Impact the Outcome of Your Personal Injury Lawsuit

You will find several factors that can impact your personal injury lawsuit and if it goes to trial. These factors influence if the insurance company for the at-fault party and your attorney can reach a fair settlement. They include the following:

The Severity of Your Injuries

Usually, the more serious your injuries are, the more difficult it is to settle. In these situations, the insurance company has much more at stake. They will likely work to keep the payout as low as possible and refuse to negotiate with your attorney.

Evidence Related to Your Claim

The quality of the evidence is often a factor in the settlement received. Strong evidence that can’t be refuted may make the insurance adjuster more likely to settle. That is because the outcome will likely be in your favor if you go to trial.

Receiving a Fair Settlement

It is important to note that the insurance company and your attorney (under your advisement) must come to an acceptable amount. If this doesn’t happen, your case will continue to trial.

By utilizing the services of our legal tea, you will have skilled negotiators on your side. You can count on us to help settle your claim before it goes to trial. However, if we cannot secure a fair settlement, we will provide you with aggressive representation in the courtroom.

Related Article: What’s the Value of a Permanent Injury in a Personal Injury Claim?

When Personal Injury Trials Are Needed

You likely want to have the case resolved as quickly as possible. However, we also believe you should receive a fair amount of compensation for the injuries and losses you sustained because of the accident.

If a fair settlement is not reached, we can take your case to trial to help protect your rights.

Our attorneys have experience negotiating with insurance companies and taking personal injury cases to trial. You can count on us to provide the legal representation you need during each step of the legal process.

What Happens if Your Corpus Christi Personal Injury Case Goes to Trial

Now that you know some of the factors that will impact if your case goes to trial, it is helpful to know what to expect if it does. When you hire our Corpus Christi personal injury law firm, you can count on us to update you and answer all your questions leading up to and during the trial.

Here you can learn more about how the personal injury trial process works.

The Jury Selection

If your case is heard by a jury, then the jury must be selected. Jury trials are used instead of a ruling judge; however, there will still be a judge who presides over the legal process.

At this point, lawyers for the insurance company and plaintiff (that’s you) will interview the potential jury members until an unbiased set is selected. Once a jury is chosen, opening statements are made.

The Opening Statements

When opening statements are given in the trial, both parties will prevent their arguments. This is when they will state why they are right about the situation. At this point, the insurance company may claim you don’t deserve to receive compensation because the accident is fully or partly your fault. Your attorney will likely argue that their claims are baseless and explain the evidence they have to back them up.

The purpose of the opening statements is to show how each party will present its case.

Related Article: Common Corpus Christi Personal Injury Lawsuits

Presenting the Case

Usually, your attorney will present your case to the jury once the opening statements have been made. They will share proof of why you believe you were not at fault for the accident.

At this point, your attorney will work to ensure your claim is solid and truthful. This will help set you up for the best chance of a successful outcome. While presenting the case, your attorney may bring in witnesses to give their testimony, provide statements from doctors who treated you, and more.

Presenting evidence tries to show that you deserve to receive compensation. Once your attorney has presented your side, the defendant’s attorney will give their side of the story.

Related Article: What Is Included In Pain and Suffering and How Much Can You Get For It?

Closing Arguments and Deliberation

Once both parties have presented their side of the case to the jury, they can give their closing arguments. These are different from opening statements. A closing argument is not focused on presenting the case. Instead, it analyzes the evidence that has been presented.

The closing arguments are the last chance both sides have to convince the jury to rule in their favor.

After the closing arguments are complete, the jury goes to a private room to deliberate. The deliberations are confidential, and there is no set time limit for these deliberations. At some point, the jury will decide on the outcome and communicate their decision to the judge. The judge will then recall the jury to the courtroom and read the verdict to both parties.

Related Article: Questions to ask a Texas Personal Injury Lawyer

Let The Burkett Law Firm Help with Your Personal Injury Case

If you were injured because of the recklessness or wrongful act of another party, you have rights. One right is to recover compensation. At The Burkett Law Firm, we can help you get the compensation you deserve.

We will work to settle your case outside of court but have no problem taking your case to trial if needed. Our goal is always to help our clients get the best possible outcome for their situation.

The first step is to contact our office to schedule a free initial consultation. We will review your case and help create a plan to move forward and get the best resolution for you.

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