When you get into a car accident due to someone else’s negligence, you will have various questions running through your mind, such as who will pay for your injuries and losses, how to file a claim, and more. However, one of the common questions after filing a car accident claim victims ask a car accident lawyer in LA is, when will their car accident go to trial?
Most car accident cases are settled out-of-court. However, sometimes your claim can go to trial, depending on the complexity.
Table of Contents
You and the insurance company are unable to come to a mutual settlement.
After investigating your case, the insurance company will roll out a settlement offer. Since many claims are settled out of court, the insurance company will initially try to offer a minimum settlement offer. This is usually done because the insurance company does not want to pay you from their pocket and may believe you will accept the offer.
However, after reviewing the settlement amount, your attorney will discuss whether you should accept the settlement offer or not. If the settlement amount is insufficient, the lawyer will demand more amount from the insurance company. If the insurance company feels that you are demanding more than you deserve and you do not accept the settlement offer by the insurance company, your case will be moved to trial.
In simple words, when you and the insurance company fail to reach a mutual agreement for the settlement offer, your case goes to trial, where the judge decides who is liable for the accident and how much compensation you deserve.
Your case is complex.
The second scenario where your case will be moved to trial is if it is too complex. For example, when multiple drivers are involved, or you are at partial fault, your case can proceed to trial.
It is essential to understand that the insurance company does not want your case to move to trial as they will have to pay you more, which is one of the main reasons they will ask you to settle the claim with their offer. Additionally, if the accident involved a luxury car, such as a BMW, the cost of repair or replacement of the BMW emblem alone could significantly increase the compensation amount.
Can you lose your compensation in the trial?
The jury decides the outcome of your case during the trial. You or the insurance company cannot decide the liable person and compensation amount during the trial. Usually, all the evidence presented by you and the insurance company will be taken into consideration. After that, the decision of the jury will remain final. Therefore, it is vital to let a lawyer represent your case during the trial.
