A car accident typically goes to court when insurance settlements fail, either because the offer is too low or the insurer refuses to pay. When this is the case, a Denver car accident lawyer can help you file a car accident lawsuit so you can recover compensation. Zara Injury Law is ready to fight for you and provide exceptional representation throughout your case.
Insurance settlements are often the first course of action after a car accident
After a car accident, victims generally seek compensation from the other driver’s insurance through car accident claims to recover their losses. In your claim, you must provide details and evidence about what transpired and what you suffered.
However, insurance companies often protect their bottom line before your interests, and will try various tactics to avoid paying you. They may delay the process, blame you, lowball you, or try to avoid paying you completely.
This is where it is helpful to have a personal injury attorney on your side who can negotiate with the insurance company on your behalf. If this does not result in a favorable outcome, you can file a lawsuit, and your case goes to court.
Common reasons for litigating a car accident case
Most court cases are settled out of court through insurance and negotiations. However, it may not always be possible to sufficiently resolve your case this way. In some cases, the other driver’s insurance policy limits may not be sufficient to cover the expenses and losses you have sustained. In other cases, the insurance company may refuse to pay you fairly, and negotiation efforts break down as a result. When this happens, it’s necessary to resolve the case before a judge and jury.
What to expect when a car accident case proceeds to court
If you decide to pursue a lawsuit against the other driver, car accident attorneys help you file a lawsuit with the appropriate court. Your lawyer will begin gathering evidence as they investigate your case. They will review medical records, medical bills, police reports, surveillance footage, and other relevant documents. This process is known as discovery, and both sides will submit their findings for the other party’s attorney to review.
After discovery, both sides may convene to negotiate and attempt to reach an agreement. Your lawyer will present evidence in your case and advocate for you to receive a fair settlement. If alternative dispute resolution methods are ineffective, then you will proceed to trial.
During a trial, your attorney and the opposing counsel will each present opening statements and make their case. Each side has an opportunity to conduct cross-examinations and refute the other side’s arguments. After this, closing remarks are made, and the jury deliberates over the case. Once a verdict is delivered, the judge will issue their judgment. At this point, the other driver may be required to pay damages that you may now collect. If the decision was not in your favor, you have the right to appeal.
Damages you can recover in a court verdict
If you win your case, you may be able to collect damages for the losses you have suffered. This is an important step in your ability to recover and regain control over your life. The amount of compensation you are entitled to will depend on your specific losses, their extent and severity, and any partial fault in the case. The value of your losses will be stated when your case is originally filed, but the outcome may differ depending on settlement negotiations or feedback from the judge or jury. Losses you may be able to recover include:
- Medical expenses, including ongoing treatments, necessary equipment, and accommodations
- Lost wages from being unable to work
- Property damage
- Pain and suffering
- Emotional and mental anguish from the trauma you suffered
- Reduced quality of life
- Loss of enjoyment
- Loss of companionship
- Loss of consortium
Hiring an experienced car accident lawyer is essential to recovering the maximum amount you are entitled to receive. Individuals who hire lawyers often receive much higher settlements or verdicts. Not only can they optimize your case, but they are skilled negotiators who know how to communicate on your behalf.
Navigate the legal process with help from Zara Injury Law
Zara Injury Law understands that the thought of going to court can be overwhelming and confusing. Our team seeks to minimize your stress by making the process as simple as possible. We guide you through each step and answer your questions. We prepare you for what actions to take and what to expect so you can be confident you will receive the most favorable outcome. Recovery starts here. Call our offices at (866) 823-8288 or contact us online to schedule a free consultation.