Will My Truck Accident Case Go to Trial?
A truck accident can derail your life in an instant, forcing you to put plans on hold and burdening you with unexpected medical bills, lost wages, and repair costs. Indeed for many people, the only way to maintain their financial security is to bring a personal injury claim against the liable party’s insurance company.
Unfortunately, recovering fair compensation in a truck accident case is rarely straightforward. Furthermore, if your injuries are severe, the insurance company will have plenty of incentive to search for reasons to deny your claim or undervalue the damages. One mistake could be all it takes to jeopardize your entire case. Additionally, if the opposing party refuses to settle, your case might proceed to litigation. If no settlement is reached through discovery or alternative dispute resolution, the next step would be going to trial.
Fortunately, the vast majority of personal injury cases never make it to trial. This is usually in the best interests of all parties involved since trial comes with added costs and can prolong the proceedings significantly.
Here are just a few factors that could influence the likelihood that your case will end up in trial:
You Were Partially Liable:
The insurance company might dispute how fault is apportioned if you were partially liable.
You Don’t Have Sufficient Evidence to Prove the Claim:
The insurer might not offer a fair settlement if they think you do not have sufficient evidence to prevail at trial.
The Opposing Party Is Uncooperative:
Even if you have strong evidence, there’s no guarantee that the defendant will offer a fair settlement.
You Have Failed to Mitigate the Damages:
If you miss doctor’s appointments, fail to fill your prescriptions, or take part in activities that could exacerbate your injuries, you might face a dispute over the mitigation of damages.
You Made Some Other Mistake:
- Providing a recorded statement to the insurer,
- Posting on social media about the accident or your injuries,
- Or making other mistakes
could lead to costly disputes that have the potential to send your case to trial.
Hiring an Attorney Might Motivate the Opposing Party to Settle
If your attorney is not able to reach a fair settlement with the responsible party, the case may go to trial. While many lawyers are averse to taking this step, an accomplished personal injury lawyer will never shy away from going to court. By hiring a seasoned trial attorney to help you pursue compensation. Additionally, You will send the message that you have the means to enter litigation. This may prompt the trucking company to pay a fair settlement. Otherwise, they take on the risk of facing a lawsuit.
Find a Truck Accident Attorney Near You
If you were involved in an accident, it is vital to speak to a skilled truck accident lawyer. At Attorneys for All, we can help you find a lawyer with experience in this area of the law. An attorney can evaluate your case as part of a free initial consultation. Contact us at (281) 475-4535 or send a message to info@claimyourcase.com to find a personal injury lawyer near you.