Massachusetts Personal Injury and Workers' Compensation Law Blog
Will My Car Accident Case Go To Trial?
There are a staggering number of car accidents every year. Unfortunately many of these car crashes result in injury. If one is injured in a crash, and not at fault for causing the crash, a claim for pain and suffering can be made.
Most of these claims (also referred to as bodily injury claims), resolve amicably without having to go to court. Very few result in an actual trial. Here are three possibilities that determine if your case will go to court:
Pre-suit Settlement
Many car accident cases settle without the need for filing the case in court. Once your medical treatment for the accident is complete, your attorney will submit a settlement demand to the insurance company.
After back and forth settlement negotiations, the case settles for an agreed-upon figure. You sign a release (a legal document that ends the case in exchange for payment of the settlement money). In this situation a lawsuit is not filed.
Settlement After Lawsuit Filed
In this situation the parties could not agree on a pre-suit settlement and a lawsuit is filed. Depending on how far the litigation gets will determine if you actually have to go to court. The case can settle shortly after the lawsuit is filed. Or, discovery and depositions may be conducted.
Just because the lawsuit is filed though does not mean the case has to go to trial. That is because the case can settle during the litigation process without you never having to go to court.
Trial Of A Car Accident Case
If there is no settlement of the case during litigation, then you will need to go to court for trial. At trial it will be either a bench or jury trial. The number of jurors depends on whether you are in Superior, District or Federal court.
Your attorneys will put on your case and introduce evidence, and you will likely have to testify. The insurance company’s lawyers will put on their case and introduce their evidence. At the close of the evidence the judge or jury will decide whether to award you damages for your car accident case.
Therefore, the likelihood of you actually needing to go to trial for your case are remote.
Contact attorney Chris Earley for any car accident claim, or litigation questions you may have.