What Happens When You Go to Court for a Car Accident?
When you go to court for your car accident case, your lawyer and the at-fault driver’s representative might each present evidence that supports their respective client’s position. Your lawyer may present evidence that proves the at-fault driver:
- Owed you a duty of reasonable care and ignored it
- Caused the accident
- Caused your injuries
- Must reimburse you for the resulting damages
What happens when you go to court for a car accident may depend on the proof you have of the at-fault driver’s negligence. According to the American Bar Association (ABA), the strength of your evidence might compel the at-fault driver and his insurance company to resolve your lawsuit without going to court.
Determine the Cause of Your Car Accident
To demonstrate the negligence behind your accident, your lawyer might start by proving its cause. If driver behavior, error, or miscalculation caused the accident, you might have the basis of negligence. According to the Insurance Institute for Highway Safety (IIHS), these are some of the most commonly reported driver behaviors that lead to car accidents:
- Alcohol use or abuse
- Various driving distractions
- Driving too fast for conditions
- Exceeding the allowable speed
Do not hesitate to put a personal injury lawyer from our firm to work to prove the cause of your accident right away.
Compile the Following Supportive Evidence
To support your assertion that the at-fault driver caused the accident and to prove your potential right to compensation, your lawyer will build an evidence file on your behalf. It might be difficult to build your file on your own, particularly when the information it contains must come from a variety of sources. In addition to your own recollections, your evidence file may contain your:
- Official car accident report
- Medical records and bills
- Written witness testimonials
- Photos and video footage
Evidentiary photos may include each involved vehicle from a variety of angles. They may also depict road and weather conditions at the accident scene. Video footage may come from your smartphone or the smartphones or witnesses.
Your lawyer might also be able to locate video footage from nearby residential and commercial surveillance cameras.
Meet Your Lawsuit’s Filing Deadline
When you seek compensation from an at-fault driver with a personal injury lawsuit, you have a limited amount of time to do so. While many personal injury lawsuits end with a financial settlement, a small percentage are resolved in court. In the unlikely event that yours has to go to court, your lawyer may take steps to protect your ability to do so.
Every state in the country has a statute of limitations that defines your filing deadline and any factors that might alter the deadline. A personal injury lawyer from our firm can explain the timeline and, with sufficient notice, ensure you comply with it. Note that even after filing a lawsuit, a settlement might resolve your case at any point before the court makes a final decision.
Avoid a Lengthy Court Case
Depending on the weight of the evidence each side acquires, the at-fault driver’s legal or insurance representative may suggest an out-of-court settlement. If that happens, your lawyer can help by calculating your recoverable damages and assigning a financial value to your lawsuit before entering into settlement talks.
When you agree to a settlement—this decision is always yours to make—you may be asked to sign a waiver that relieves the at-fault driver of any further financial liability. Your lawyer may advise you of the pros and cons of each offer you receive before you agree to a settlement and sign the waiver.
Our Lawyers Advocate for You in and Out of Court
If you or someone you love was injured in a car accident, our personal injury team might be able to help you reach a settlement agreement. If we cannot reach a favorable financial settlement, we may represent you in court to keep fighting for the compensation you may deserve. Contact the client intake team at Laborde Earles Injury Lawyers by calling (337) 777-7777.
