When thinking about getting compensation for their car accident injuries and damages, most people will picture themselves in open court. However, the majority of these cases actually get settled a long time before anyone even considered a trial.
There are some instances when a trial is actually the better option, but there are certain factors that have to come into play.
Sometimes, it’s Better to Settle
There are certain advantages to settling your case and not going to trial, and one of the most obvious ones is that you can get compensation a lot faster than if you were to were to go to trial.
When you settle, you do not have to go through multiple court proceedings like hearing, depositions, or sitting through a trial. Plus, the jury can often be unpredictable, and you may face an unfavorable verdict. Once that happens, you generally cannot file any other claim against the driver in regards to the car accident.
A lot of people may choose to settle to avoid high attorney fees. However, even if you do want to settle, it’s still best to work with a St. Louis car accident lawyer. They can often negotiate for a higher settlement.
When You May Consider Going to Court
Trials can be very unpredictable because you essentially depend on what a jury of your peers believe. But in some cases, it may be your only option. Even if car insurance is mandatory in Missouri, it is reported the almost 14% of drivers in the stat do not have it. If that is the case, it’s possible to sue the driver to get the compensation.
There is also the possibility that the insurance company is denying your claim, or offers a settlement too low for the injuries you’ve suffered. If you get nowhere with the negotiations, you can take them to court. Or, if there is gross negligence involved, you may feel compelled to take the matters to court to get a sense of justice.
However, you need to know that the burden of proof falls on you. As such, you and your lawyer will have to provide sufficient evidence that will convince the jury to rule in your favor. Evidence includes witness testimony, photos, camera footage, expert witness statements, police reports, and others.
Know that even if you go to trial, you can still settle out of court. Filling for a lawsuit can be an effective tactic to show the other side you are serious, and it can possibly convince them to come back to the negotiation table with a different mindset.
If you contact a St. Louis auto accident attorney and discuss your case with them, they can often advise the best course of action. Of course, it is ultimately up to you, and what you need to do to get a sense of closure. Call 24/7 for a FREE case evaluation :: (314) 361-4242