In our previous blog posts we discussed what happens after your car accident. We mentioned that lawyers of both sides will do a deposition to take statements from you, from the at-fault driver, witnesses and medical examiners. Then those depositions get transcribed and reviewed by the lawyers. So what’s next?
Once both sides have their depositions, it’s possible that there will be a trial, if of course both sides feel that they have a solid case.
Going to trail isn’t something to be taken easily. It’s a big decision that you need to discuss with your personal injury lawyer. Your attorney should be honest with you and tell you what are your chances if the case does go to trial and what are the good and bad sides of it.
The reason why this needs to be considered carefully is because a trial can be an expensive and time-consuming process. But if a trial is what it will take for you to get the best out of your recovery and not pay anything out of your own pocket, then your personal injury lawyer will be there to help you and guide you through the process.
Negotiations with the other side will keep on going, but your lawyer will also dedicate a significant amount of effort to prepare for a trial that should give you the best chances for success.
A settlement is something that can occur at any stage of the process. Reaching a settlement is actually beneficial for all parties involved, but you should only settle if the offer you get is what you want.
If you’re not the cause of the accident and you have no part in the injuries, then you should have the obligation to bare any costs for your recovery. The goal of your personal injury lawyer is to get you every dollar you deserve.
Once a sides presents a settlement offer you will have to discuss it with your attorney. Your attorney will give you his honest opinion and whether he thinks that the offer is fair or not. The final decision on accepting or refusing the settlement offer is entirely up to you.
Accepting a settlement offer means that your case will be closed and you probably won’t be able to file another claim for this particular accident. Since this closes the loop on your car accident case it really important to carefully review the settlement offer and make sure that it covers everything you will need for a full recovery. When it comes to settlement offers, you should know that they should cover:
- Medical bills, both present and future
- Pain and suffering
- Emotional distress
- Lost wages
- Lost earning potential
- Rehabilitation costs
The recovery process could be long, depending on how severe your injuries were. If the recovery process is longer, then you will need extended hospital stays, even more than one surgery which means that you will be away from work for quite a while. It is also possible that you might not return to work in the same capacity as before.
Accepting this can be difficult, especially if we take into consideration that this might result in financial difficulties, stress and problems for your family. So working closely with your attorney who is fully aware of your needs and how those injuries might affect you in the long run is key. He will be able to closely determine the settlement that will compensate you.
Brain damages caused by a car accident can sometimes affect you for the rest of your life which means that there will be recurring costs aside from the initial treatment. These recurring costs might include prescriptions, returning visits to the doctor, therapy and rehabilitation.
Avoiding car accident trial
After a car accident, the most important thing is to focus on your physical recovery. Trials can be added unnecessary stress that you don’t really need. And even though settlements are a relatively quick and good solution to a car accident case, sometimes a trial is necessary because the at-fault party is refusing to offer a fair settlement.