Do all car accident cases in West Virginia have to go to trial?
Not all car accident cases go to trial. In fact, some are settled long before the trial date is scheduled for.1 One of the reasons why many cases do go to trial, however, is because the victim is unable to reach an agreement with the at-fault party.
When a Trial Can Be Avoided in a Car Accident Case
A rial can be costly and there is no guarantee that a car accident victim will be awarded the compensation they believe they are due. It can also take time for a case to make it to trial. These are only a few reasons why individuals often look to get their case settled before their case makes it that far along in the lawsuit process.
In order for a car accident case to settle before trial, all parties involved need to come to an agreement on how much the victim should be awarded. If a car accident victim filed suit against the insurance company because the carrier believed the amount they were seeking was unreasonable, the two must meet somewhere in the middle before the case can be settled. If they cannot, a trial is inevitable.
In the event a car accident victim files suit against a company or individual in an effort to recover damages for the various ways in which the accident has impacted their life and livelihood, they too must come to terms with the party they are suing if they want to settle their case before having to take it to trial.
How can a West Virginia car accident lawyer help a victim avoid trial?
Attorneys that are skilled in car accident law are familiar with tactics that can be used to try and get their client’s case settled early on in the lawsuit process. One of these tactics is negotiating. A West Virginia car accident attorney will use their ability to effectively negotiate with the at-fault party to try and get them to either agree to pay what their client is seeking or come close to an amount that is fair and reasonable.
Although this can take time as it does involve a lawyer having to go back and forth with the at-fault party, once the case settles, it can then close.
Should a trial be avoided in a car accident case?
There are times when it does benefit a car accident victim to allow their case to run its course and go to trial. For instance, if the at-fault party isn’t willing to accept responsibility for their actions or agree to pay the victim a reasonable amount, then an individual may be able to obtain what they are due or close to it simply by going to trial. In some cases, it can also benefit them to request that a jury be present.
Because most car accident victims are unaware of when they should settle their case and for how much, or if they should go to trial, it is best that they retain an experienced West Virginia car accident attorney who can help them make an informed decision.
The WV car crash lawyers at Kaufman & McPherson, PLLC dedicate themselves to protecting the rights of the clients they represent and would be happy to help anyone who is in need of legal advice and guidance following the occurrence of a car accident.
Kaufman & McPherson, PLLC can be reached at:
16 Sterling Drive, Suite 205
Bridgeport, West Virginia 26330