In most pedestrian accident cases, going to court is not necessary. The vast majority of claims are settled through negotiations with the at-fault driver’s insurance company, without the need for a formal trial. Your attorney’s primary goal is to resolve your case efficiently and secure the best possible settlement on your behalf.
Negotiating a Settlement Out of Court
Your attorney will typically begin by filing an insurance claim with the negligent driver’s auto insurance provider. This process involves presenting evidence of the driver’s fault, the extent of your injuries, and the financial impact the accident has had on your life. During this phase, your lawyer will:
- Gather medical records and other documentation to support your claim for compensation.
- Communicate with the insurance company to present a demand for fair compensation.
- Negotiate aggressively to maximize the settlement offer, taking into account your medical bills, lost wages, pain and suffering, and other damages.
Insurance companies are often motivated to settle cases out of court to avoid the costs, time, and unpredictability of a trial. A skilled attorney can leverage this by negotiating a settlement that meets your needs without dragging the case into court.
Why Settling Out of Court Is Beneficial
- Faster Resolution: Settling out of court typically allows you to receive compensation much sooner, which is crucial if you are facing mounting medical bills or lost income.
- Less Stress: Court proceedings can be lengthy, stressful, and unpredictable. Reaching a settlement allows you to avoid the anxiety and uncertainty of a trial.
- Cost-Effective: Litigation can be expensive, and a settlement helps avoid court costs, expert witness fees, and other legal expenses that can add up during a trial.
When Your Pedestrian Accident Case May Go to Court
While most pedestrian accident cases are resolved without going to trial, there are some situations where court becomes necessary. These include:
Disputed Liability:
- If the insurance company or the at-fault driver disputes who was responsible for the accident, negotiations may break down. In such cases, going to court may be the only way to resolve the dispute and establish liability.
Insufficient Settlement Offers:
- Sometimes, insurance companies will offer a settlement that is far too low to cover your medical expenses, lost wages, and other damages. If they refuse to increase their offer after negotiations, filing a lawsuit may be necessary to pursue fair compensation.
Severe or Catastrophic Injuries:
- In cases where the injuries are severe or life-changing (such as traumatic brain injuries, paralysis, or significant disfigurement), the value of the claim may be substantial. Insurance companies may be more resistant to paying large sums, and a trial may be needed to ensure you receive the full compensation you deserve.
Bad Faith Insurance Practices:
- If the insurance company is acting in bad faith—delaying the claim, refusing to pay legitimate claims, or failing to investigate properly—your attorney may recommend taking the case to court to hold them accountable.
The Importance of Having a Skilled Attorney
If your case does go to court, having an experienced pedestrian accident attorney is crucial. A trial involves complex legal procedures, and your lawyer will need to:
- Present a compelling case to prove that the driver was at fault for the accident.
- Bring in expert witnesses such as accident reconstruction specialists and medical professionals to testify about the severity of your injuries and the driver’s negligence.
- Handle the court filings, motions, and procedures to ensure your case is presented effectively.
- Advocate on your behalf in front of a judge and jury, making sure that your voice is heard and that you are compensated fairly for your losses.
A pedestrian accident lawyer with trial experience will know how to navigate the court process and will be prepared to take your case all the way if necessary. Even if the prospect of going to court arises, the fact that your lawyer is willing and ready to go to trial can often pressure the insurance company into offering a more reasonable settlement before trial.
