Car accidents happen in Benton almost every day, and many can be resolved without becoming personal injury lawsuits. For example, a simple fender-bender that only results in property damage may be quickly resolved through an insurance claim. However, a collision may quickly escalate into a legal case when very serious.
Disputes about liability, serious injuries, and uninsured drivers can all complicate the car accident and force the parties involved to take legal action. In this article, we will explore when car accident claims become lawsuits and how Benton car accident attorneys can give you the best chance of success.
It may seem like the terms “personal injury lawsuit” and “personal injury claim” can be used interchangeably, but there is an important difference. A claim is a legal request for compensation – usually made to an insurance company by a policyholder after an accident. For the purpose of this discussion, this is not considered a legal case.
On the other hand, a lawsuit is a legal action decided in court. The car accident victim is known as the plaintiff, and the other driver who is believed to be at fault is called the defendant.
In Arkansas, a jury will usually render judgment in a car accident trial, although it is possible to request a bench trial, which has a judge and no jury. The jury decides whether the defendant is liable and how much he or she must pay in damages.
Although you should have a personal injury lawyer help you with most personal injury insurance claims, the majority of car wreck cases do not require a trial. However, if it is impossible to recover fair compensation through a negotiated settlement, a Benton car accident attorney may recommend filing a personal injury lawsuit and fighting the case in court.
Generally, insurance companies are keen to settle out of court. They are motivated by keeping costs down and minimizing their exposure to risk.
Going to trial is expensive, as the insurance company has to pay lawyers whether they win or lose. There is the risk that the jury or judge will award a sizable payout over which the insurers have no control. If this happens, the insurance company’s only recourse would be an appeal, which is costly and time-consuming.
In spite of this, sometimes there is a big gap between the settlement you hoped for based on your losses and what the insurance company is willing to offer. This usually happens due to one of the following scenarios.
Arkansas is an at-fault state. The person who causes the accident is liable for the injuries and resulting damages. In “no-doubt” liability cases, it is clear who the negligent driver was, and the insurance company will not even contest liability. These are commonly driving under the influence (DUI) accidents, rear-end crashes, or left-turn accidents.
However, more complicated scenarios can make it difficult to determine liability. It may be impossible to resolve these disputes out of court.
Some potential scenarios include:
Going to trial is always a risk. Nonetheless, if it is impossible to untangle questions of liability through negotiations, it may give you the best chance of recovering fair compensation.
Generally, the more severe your injuries, the higher your settlement will be. What if your injuries have caused long-term disabilities, and you will require ongoing medical treatment and caretaker support?
Your car accident attorney will fight tenaciously to recover the compensation you deserve. Yet, sometimes, insurance companies simply refuse to acknowledge the seriousness of your injuries and won’t offer fair compensation for your losses.
Points of dispute that may need to be resolved at trial include:
It takes a different set of skills to negotiate a settlement and to fight a court case. When choosing a lawyer, look for an experienced car accident attorney who has fought and won similar cases in Arkansas.
Families who have lost a loved one due to another driver’s negligence deserve justice. Sadly, it may not be possible to resolve wrongful death claims entirely out of court.
Families may choose to go to trial to recover:
Going to trial can be a lengthy process. However, it could yield damages that you cannot access through negotiations. If the defendant’s actions were particularly egregious or he or she acted intentionally, the court may decide to award punitive damages.
Punitive damages do not compensate the plaintiff for their losses. Instead, they are designed to punish the defendant and warn others not to engage in similar conduct. Your personal injury lawyer can advise you whether these damages are likely to be awarded in your case.
When there is no insurance company to file a claim against, your first option is to check whether you have uninsured motorist coverage. If you do not, you may be left with no option but to sue the uninsured driver personally.
However, if someone is driving without insurance, there is a good chance that he or she has very few assets. Therefore, even if you win the case, collecting the judgment the court awards may be difficult. Discuss your options with your car accident lawyer, who can draw on his or her knowledge of past cases and explain the legal avenues open to you.
Although most Benton car accident cases do not go to trial, it is important to have an experienced car accident lawyer on your side with a winning track record at trial.
He or she can guide you through the car accident lawsuit process, handling the following:
After this, the jury or judge will retire to consider the verdict. Finally, the verdict will be delivered, establishing who is liable and the damages the at-fault party must pay.
Experienced car accident attorneys have honed their courtroom skills over many years. They can build a compelling picture of what happened, how much you suffered, and why you should be awarded fair compensation. The right attorney can give you the best chance of success, but make sure you choose a law firm you can trust.
Benton car accident cases can be straightforward, but when they are not, you need to work with a law firm that gets results for its clients. At Minton Law Firm, we have secured many substantial settlements and trial verdicts for our clients – will you be next?
During your free consultation with the experienced Minton Law car accident lawyers, we will listen with care and compassion to your story. We will advise you on your legal rights and explain the best way to proceed. If we agree to take on your case, we will use everything we have to hold the at-fault driver responsible and pursue maximum compensation through negotiations or at trial.
It all starts with a single phone call. Schedule a free consultation at 501-222-HURT or contact us online today.
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