Recovery from a car accident is a taxing experience – both physically and mentally. Debating the necessity of a trial only adds to that stress. While a majority of car accident claims are settled outside of court, there are reasons for court proceedings to occur. Here at DiPiero Simmons McGinley & Bastress, PLLC, we can help you reach your settlement goals in the way that works best for you.
How Car Accident Claims Work
In West Virginia, after you make an auto accident claim with your insurance company, the claim will be investigated. Medical reports explaining your injuries and predicted recovery process, police reports detailing and events of the accident, witnesses accounts will all be taken into consideration before you receive a settlement offer.
Compensation may be awarded based on personal property damaged, injuries and medical expenses, emotional distress, pain and suffering, lost wages, or punitive damages. If you accept the offer with or without negotiating, you’ll receive your award and can move on to focusing solely on your recovery.
It’s rare for car accident claims to go to trial. Most car accident claims are settled out of court because a trial doesn’t always make sense. Most insurance companies and attorneys are normally able to figure out what a case is worth based on the injuries and damages. This eliminates the need to spend the money and time on a trial.
Car accident claims also tend to avoid trial because it isn’t always cost-effective. The cost associated with the trial could end up being higher than what is awarded for damages.
In most states, including West Virginia, if a car accident claim goes to trial a jury will decide the outcome. This isn’t always an ideal situation because juries can be unpredictable.
Why Car Accident Claims Do Go to Trial
Taking an auto accident to court can be a lengthy process. Most often, car accident claims go to trial because the involved parties can’t agree on who is at fault. There also may be issues coming to an agreement with the compensation terms.
Dealing with insurance companies, especially after a traumatic car accident, can be frustrating. We’re here to make the process easier for you. Our experienced Charleston car accident injury attorneys are prepared to assist you with your claim—regardless of whether it goes to trial or not. Contact us online today for a free consultation.
