Will My Truck Accident Case Go To Trial?
When you’re involved in a truck accident, the aftermath can be overwhelming. Between dealing with injuries, property damage, and insurance claims, it can be difficult to know where to turn or what to expect. One of the biggest concerns for many people is whether their case will go to trial. This can be a stressful and uncertain time, but it’s important to understand the process and what factors may determine whether your case goes to trial.
The Negotiation Process
Most truck accident claims are resolved through negotiation. This means that the injured person works with their lawyer to negotiate a settlement with the insurance company of the at-fault party. In most cases, this negotiation involves exchanging information between both sides and having conversations back and forth until a fair agreement is reached.
There is no guarantee that your case will be resolved in this manner, but the majority of truck accident claims never actually go to trial.
The outcome of any truck accident claim depends on several factors, such as who was at fault in the accident, how much damage was done as a result of the accident, and what type of evidence is available in support of each side’s position.
Trial vs. Settlement
If negotiations fail, then it is possible for the injured party to file a lawsuit and take their case to court. However, this is not always necessary as many cases can be settled out of court without ever having to go through a lengthy trial process. Going to trial can take months or even years depending on how complex your case is, which can be incredibly time consuming and expensive for both sides involved in the dispute.
That being said, sometimes going to trial may be necessary if your case involves serious injuries or large amounts of money being sought.
What to Expect if Your Truck Accident Case Goes to Trial
If your truck accident case goes to trial, you can expect it to follow a similar pattern as any other civil lawsuit. The lawyer representing you will present evidence and arguments related to the accident and its causes.
This could include witness testimony, police reports, accident reports, medical records, photographs of the scene of the accident, video footage, and more. The defense attorney will then cross-examine these witnesses and argue their client’s side of the story.
At this point in the trial process, it is up to the jury (or judge) to decide whether the defendant is liable for damages caused by the truck accident in question. If so, then they must determine an appropriate amount for compensatory damages (money awarded as compensation for medical expenses, lost wages, etc.) and non-economic damages (pain and suffering, loss of consortium, etc.).
In addition, punitive damages may be awarded if necessary. These are intended as punishment for particularly reckless behavior on behalf of the defendant driver or company that owned/operated/maintained the truck.
It’s important to remember that going through a truck accident case can be difficult and stressful, so it’s necessary to prepare ahead of time with help from an experienced lawyer who understands these kinds of cases. If you need help with a claim, don’t hesitate to contact our Charleston truck accident attorneys to schedule a free consultation.
