If you scroll through the statistics around speeding-led wrecks, two American states, California and Texas, witness them more often. Most fatal car crashes, about 36% in the US, result from DUI. When you dig more specifically in terms of gender-based vulnerability, the studies sho w that males are four times more susceptible to car accidents in California. Hence, knowing every aspect of car accident cases is necessary to prepare yourself better and sort out things, at least from your end. Here is the discussion about Personal Injury Law.
The knowledge will also help you understand the legalities involved in damage claims. Lest you ever become a victim, fundamental clarity around a few things will allow you to keep calm and follow your lawyer’s suggestions.
When you meet a personal injury lawyer San Diego, they can explain steps like settlement and trial. Before seeking legal advice, acquire some basic knowledge about these legal proceedings related to damage claims in a car accident. It will let you absorb more details during a professional consultation. So, here you go!
When both parties mutually agree or arrive at a fair decision through negotiations with proper documentation, their dispute concludes. This process is called settlement. Settlement signals that the insurance company or the at-fault driver has agreed to cover the damage caused to a victim in an accident. They are ready to pay for property damage, medical bills, emotional and mental suffering, etc. Conversely, the injured person doesn’t sue the responsible party. The process includes:
- Establishing the accountable party’s fault.
- Taking medical treatment for injuries.
- Initiating documentation with the lawyer.
A lawyer helps you estimate the value of damage for all your sufferings. Initially, insurers offer lower amounts. But tactful negotiation from your lawyer’s end can lead to favorable results.
When parties fail to agree on something mutually, a lawyer recommends the path to the lawsuit. The case goes to the trial court for a jury to come up with a verdict based on evidence and points presented by both parties. A successful verdict can turn the tides in your favor by matching or increasing compensation. However, this process is slightly lengthy, involving stages like pre-trial discovery, jury selection, etc. The good thing is civil cases operate differently than criminal trials, where only solid evidence can settle the case in your favor. Nevertheless, the trial can begin with opening statements, evidence presentation, witnesses, and examination of the witnesses.
After your turn, the insurance company’s law firm can request the jury to either dismiss the case or announce its verdict in their favor because of the lack of evidence to prove their responsibility. If the jury overturns their plea, the defense will present its side with witnesses and evidence. Finally, the jury takes the final call after listening to both sides.
What’s the better situation for a victim of a car accident? Settlement is the most preferred option. If you hire the right legal advisor, they can examine the tit-bits of your case, quote a reasonable compensation amount after discussion with you, and follow the process. You can get your money and focus on recovery. Trials can be tiring and lengthy. However, some cases benefit from them more.
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