If you suffered a severe injury in a car accident, you may be entitled to financial compensation. Most personal injury cases are settled outside of the courtroom, so it is highly unlikely that your case will go before a judge. However, if you and the other party cannot reach a settlement agreement, your case may end up in court.
A car accident lawyer can assist you with the claims process and negotiate the best possible settlement outcome without going to court. If your case cannot be settled out of court, a car accident lawyer can work closely with you to ensure that you are prepared to testify about the details of the accident.
What Are the Stages of a Personal Injury Case?
While you may not have to go through every phase of the personal injury process if you settle, there are typically eight distinct phases of the process, including the following:
- Seek medical attention and keep copies of all medical records.
- Discuss your case with a lawyer, including your medical expenses, lost wages, and other losses you suffered from the accident.
- Issue your demand once you have reached maximum medical improvement (MMI).
- Negotiate a settlement.
- File a personal injury lawsuit if a settlement cannot be reached.
- The discovery phase, which involves collecting depositions, evidence, and witness testimonies.
- Pre-trial mediation is the final chance to negotiate a settlement before going to court.
- Personal injury trial, which can last from a day to a week. The result of the trial is binding.
How Is a Trial Different From a Settlement?
If you have settled being injured in a car accident, you and the other motorists have agreed on the settlement terms. Your lawyer will submit a demand letter to the other party, including your demand for medical expenses, lost wages, pain and suffering, and other losses associated with your injuries. The other party may make a counteroffer after reading the demand letter. After negotiating the matter, both sides will agree on a settlement amount, and a contract will be drafted. The main benefits of a settlement include the following:
- You will recover compensation in a shorter amount of time.
- You will typically save significant money.
- You may get the upper hand as the settlement amount is negotiated.
However, remember that insurance companies may present an initial settlement offer that seems like a significant amount of money. However, these companies will resort to various tactics to avoid paying you a large settlement amount. An initial settlement offer rarely covers all the costs of your injuries, particularly if you require ongoing medical care. It is also essential to consider that once you accept a settlement and the agreement has been signed, you cannot try to negotiate a new settlement deal.
Your personal injury case will go to trial if both sides cannot agree to the terms of a settlement.
Will I Need to Testify if My Case Goes to Court?
You might be expected to testify if you cannot reach a settlement agreement outside of court and your case goes before a judge. This may seem intimidating, mainly if you have never been in a courtroom or testified before a judge. However, your car accident lawyer can address all your questions and concerns about testifying.
The following are examples of topics that you might need to be prepared to discuss:
- Your version of events leading up to the accident.
- What you were doing in the moments leading to the accident.
- The nature and severity of your injuries.
- The pain and suffering you experienced as a result of the accident and your injuries.
- Lost income.
- Whether the other motorists made any statement that could be interpreted as apologizing for the accident.
What if I am Unhappy With the Outcome of the Trial?
If a jury decides on your personal injury case but is unhappy with the decision, you can appeal to a higher court. However, this can become time-consuming and expensive, and a new judge is not guaranteed to rule differently.
Our Skilled Cincinnati Car Accident Lawyers at Wolterman Law Office Help Clients Navigate the Claims Process
If you or a loved one suffered a severe injury in a car accident, do not hesitate to contact our Cincinnati car accident lawyers at Wolterman Law Office. Call us today at 513-488-1135 or contact us online to schedule a free consultation. Located in Loveland, Ohio, we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.