Most car accident claims are resolved through negotiation and settlement between the parties involved, often with the help of experienced personal injury attorneys advocating on behalf of injured clients. Trials are typically reserved for cases where parties cannot agree on liability, compensation, or insurance coverage.
If you suffered harm in a crash and your case is to proceed to the litigation phase, you need to ensure you have a staunch legal advocate with extensive experience managing car accident trials in San Bernardino. Vehicle wreck cases can be extremely complex. Contact a top personal injury attorney to guide you through each stage and handle all the paperwork, legal filings, and court appearances so you can focus on your recovery.
Why Some Car Accident Cases Go to Trial
San Bernardino car accident cases rarely go to trial. Most are resolved through voluntary settlements between the involved parties and their insurance companies. However, some cases proceed to trial due to disagreements over fault or liability.
Even if the fault is clear, the parties might disagree on the appropriate compensation for injuries, medical expenses, or lost wages. If the insurance company believes it can minimize the payout by arguing in court, they might choose trial over settlement.
Cases involving significant or permanent injuries are more likely to go to trial, as the compensation required might be too high for the insurance company to settle. Disagreements over the sequence of events or other key facts can make a case difficult to settle and take it to trial.
Key Phases in the Litigation Process
Legal representation is crucial in car accident trials. Contact an attorney at Valero Law Group who can fight to secure fair compensation and present a strong case to a judge or jury. The firm can also protect victims’ rights, manage documentation, and provide professional knowledge to help them receive the compensation they deserve at every phase of the litigation process.
Pre-Trial Proceedings
Prior to a car accident trial in San Bernardino, both sides gather information through various methods, such as interrogations, requests for admissions, depositions, and medical examinations. The plaintiff’s lawyer as well as the attorneys for the insurance company investigate the accident to determine negligence and collect evidence, such as police reports, witness statements, and accident scene photos.
The attorneys for both sides may try to reach a settlement agreement before trial. If negotiations are unsuccessful, the case may proceed to the courtroom. During the jury selection process, the plaintiff’s attorney would question and challenge potential jurors to ensure an impartial jury.
During Trial
At the beginning of a trial, the plaintiff’s attorney will present their opening statements, which include a brief outline of their case and what they plan to prove. The plaintiff’s attorney will also present evidence and witnesses to establish the defendant’s negligence and the extent of the resulting injuries.
The defendant presents their own evidence and witnesses to argue that they were not negligent or that the plaintiff’s injuries were not caused by their actions. Any witnesses would also be examined and cross-examined by both sides. In closing arguments, the plaintiff’s attorney will summarize their case while presenting persuasive arguments to the jury (or judge) to reach a verdict in their favor.
The jury would then deliberate to reach a unanimous verdict on liability and damages. If the jury finds in favor of the injured plaintiff, the court will enter a judgment for the amount of damages awarded.
Post-Trial
Either party can appeal the verdict to a higher court if they believe there was an error in the trial proceedings. If the defendant does not pay the judgment, the plaintiff may need to take further action to enforce it. In California, most personal injury claims, including car accident claims, have a two-year statute of limitations from the date of the injury.
Contact a San Bernardino Car Accident Trial Attorney
Car accident trials in San Bernardino often involve situations where insurance companies deny claims or the parties disagree on fault or the severity of injuries and damages. Cases involving serious injuries, such as those resulting in long-term disability or significant medical expenses, are more likely to go to court. The insurance company may be unwilling to pay out the full amount of compensation sought by the injured party, and is often motivated to minimize payouts.
An experienced attorney can negotiate effectively with them, pushing for a fair settlement or court recovery that covers all your losses. A lawyer understands the complexities of insurance laws and contracts, which can give you a significant advantage in negotiations and legal arguments. Contact Valero Law Group today and request your free case consultation to discuss your potential case in further detail.