Accidents can be as overwhelming as they are unexpected. While many victims know they can seek compensation, they are often confused about the process. A good number of personal injury claims are solved out of court. However, a trial can be necessary for certain situations. Knowing what to expect when your case goes to a personal injury court can help you better prepare for trial.
A personal injury lawsuit differed from a compensation claim. Before opting for a trial, it is advisable to discuss your case with expert Huntington Beach Personal Injury Lawyers.
In this article, we look at what happens if your accident case goes to court in California.
What Could Lead to a Personal Injury Case Going to Court?
When you hire a personal injury attorney, they will usually gather evidence to prove damages, negligence, and fault. They will then file a compensation claim with the at-fault party’s insurer. The insurance company will make a settlement offer, which your attorney will negotiate until a fair amount is agreed upon.
However, your attorney may then choose to go to court if:
- The insurance company offers far fewer damages than you deserve
- Both parties fail to agree about the fault.
- Negotiations with the insurance company fail.
How Do Personal Injury Court Cases Work?
No personal injury court case is similar to the next. Nonetheless, court cases tend to follow a standard system of resolving disputes. A personal injury court will seek to find the facts of your case and apply the appropriate law to them. It will then resolve the case through a trial or settlement.
If your case goes to trial, you can expect the following:
- Pre-filing – This refers to the period before you file a formal lawsuit. Your attorney will usually require to prepare several documents and court forms before filing a lawsuit.
- Filing – Once your attorney is ready, they will start a court action by filing and filing out relevant papers. They will then serve the other party, who will file a response.
- Discovery – During this stage, both sides will exchange the information they have concerning the case. This is an opportunity for each party to learn the strengths and weaknesses of the case.
- Pretrial – if you fail to reach a settlement, the pretrial will begin 90 days before the trial date. This time is dedicated to preparing for trial.
- Trial – Your case will be heard before a judge or judge and jury. This stage could last anywhere from a day to several months.
- Appeal – Once a judgment is made, either party can seek to appeal or finalize a settlement.
Talk to a Huntington Beach Personal Injury Lawyer Today
A majority of personal injury cases are settled through negotiations with the at-fault party’s insurance company. However, a trial can become necessary where a suitable agreement cannot be made. Although these two processes are different, they are both geared toward getting you compensated for your losses.
At El Dabe Ritter, we are prepared to go to a personal injury court if your case calls for it. We will advise you on your rights and obligations as a plaintiff. We will also guide you through the entire process.
Contact us today online or call us to schedule a consultation with one of our top Huntington Beach Personal Injury Lawyers.