Friday, June 3, 2016

Should I settle my car accident case out of court or take it to trial?

For the most part, car accident cases are settled out of court, and with good reason. Settling out of court offers numerous advantages as compared to filing lawsuit although it depends on several factors surrounding the case.


This includes factors such as the evidence available, the responsible parties, severity of the crash, and the amount of compensation in the accident claim, according to Gaston County, NC accident lawyers.

Trials are Expensive

In a car accident lawsuit, the injured person will have to pay a contingency fee to his/her can accident lawyer. In addition, a defendant also hires a legal counselor and pay an hourly rate. Such trials can take a lot of time to settle. This can work out to be very expensive as compared to settling a car accident claim. Apart from legal fees there are court costs, paying expert witnesses, lost time from work, and travel, which can all lead to a significant increase in expenses.

Gaston County, NC accident lawyers know that accidents come in all forms. 
In fact the earlier a lawsuit settles, the less costly the whole legal process is to both parties, especially for the defendant who pays an hourly rate. Then again, the process of pre-trial discovery can entail extended depositions by experts. If the defendant’s liability and the plaintiff’s damages are clear from the beginning, both parties stand to benefit from the settlement, in the opinion of North Carolina accident lawyers.

Trials are Stressful

The litigation process can be very stressful for all involved. Both parties may need to undergo examinations as well as cross-examinations on the witness stand where their character may often be questioned in public.


Liability and Damages Unpredictable

Gaston County, NC accident lawyers point out that a jury can award the injured person an amount that is much higher than what the defendant may offer to settle the lawsuit, although there is no guarantee that this will happen since trials are undoubtedly unpredictable. However, there is always the possibility that the judge might exclude key evidence, eyewitnesses may turn out to be unreliable, and there might be inconsistencies in the plaintiff’s testimony.

If you want an example of inconsistency we can take a look at Benghazi. After Ambassador Stevens and several others were killed by radical Islam Hillary Clinton, the then Secretary of State, told her daughter and another person that radical Islam and Al Qaeda, which are the same thing, were responsible for this. The next morning, Sunday morning, her and everyone else in the Obama Administration was saying this attack on the ambassador was based on some random video. The reason the Obama team wanted to spit out this lie is for political reasons – they were selling the idea that the Middle East was peaceful.

Now this is an inconsistency. This happens in court too and sometimes witnesses can be inconsistent which means what they are saying can be nullified.

Trials are Public

In a car accident case, every detail of your trial becomes a matter of public record. For example, witnesses’ testimonies and every bit of evidence are available for perusal. By settling the case out of court, what is said between the parties remains private, including the amount settled.


A Settlement doesn’t Indicate Liability

In the event a defendant loses at trial in addition to any subsequent appeals, it becomes a proven fact that he/she is actually liable for the injuries sustained by the plaintiff. On the contrary, when both the parties decide to settle, it is not necessary for the defendant to admit any kind of liability. This can benefit the defendant who otherwise will have a public record of intentional wrongdoing and negligence.

If you have been injured and suffered losses due to an accident caused by a negligent driver or even find yourself having to defend a lawsuit, it would be appropriate and strategic to reach out to an accident lawyer in North Carolina. Your legal pro will evaluate your case and explain the pros and cons of a settlement in detail.

If someone hits you with their car you need legal counsel. There is no doubt about that. Click right here Accident.USAttorneys.com to make that idea a reality. Legal help can be right around the virtual corner.

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