What Leads to a Car Accident Case Going to Court?
In most cases, a car accident claim results in a settlement. When you hire Law Office of Julie M. Essa, LLC, we get to work investigating and gathering evidence to demonstrate your damages immediately. If we can come to a fair settlement with the insurance company, the case will be settled and there is often no need for a trial. However, there are situations where your case can go to court.
The following situations may lead your claim to trial:
- The insurance company sufficient compensation
- Neither party can agree on who was at fault for the car accident
Filing a Lawsuit
When the insurance company won’t budge on how much they will offer you, we at the Law Office of Julie M. Essa, LLC, fight for you by filing a lawsuit. Preparing a lawsuit can take around a month. In Georgia, you sue the other driver directly, not the insurance company, though the insurance company usually hires a lawyer to defend the other driver.
The other driver will have 30 days after the lawsuit is filed to respond. Then, we will prepare to go to court.
Discovery and Preparing for Trial
Before the trial, there is a discovery period that occurs in the Georgia courts. Both sides have the opportunity to gather information about the other through questions and requests for documents. Attorneys Julie M. Essa and Noor E. Janho will walk you through which questions to answer and how to best do so. Depending on the specifics of the case, this can take up to three months. Many cases that were unable to settle before this process, are able to settle here.
However, if that doesn’t happen, we will continue to trial. Trials for car accident cases in Georgia typically last a couple of days, but there is a lot of time spent preparing for this short trial. You will need to be present at the trial. If things go well, a judge or jury will award you the money you deserve
What Happens if My Car Accident Case Goes to Court?
During any personal injury trial, both sides will have a chance to present evidence. We will prepare your claim for trial by gathering evidence and carefully presenting your case.
Presentation of Evidence
We will need to provide evidence that it is “more likely than not” that the other driver was negligent or caused your injuries because of the car accident.
If we have this evidence, we will present it during your trial:
- Witness interviews
- Expert interviews, such as from a doctor who treated you
- Medical records
- Other evidence demonstrating your injuries
- Accident reports
The defendant (the other driver) and their lawyer are then able to cross-examine you or your witnesses, provide objections to evidence, and present their side. After both sides have presented their cases, the decision goes to the jury.
In some states, the case may be heard and tried by either a judge or a jury. A sympathetic jury may lead to a higher award.Injury claims are civil cases., as they are focused on helping you recover for your losses rather than finding someone guilty and punishing them. Civil cases are heard at a different court than criminal cases.
When both sides have presented evidence during the car accident trial, the jury will decide:
- who was at fault for the accident?
- and how much money you should be awarded from the insurance company for your damages
We will fight for you!
If all goes well, you will get sufficient compensation for your damages. Since lawsuits are expensive, we won’t take a case to trial unless we think it is powerful enough to win you the money you deserve. If you’re unsure about your case, contact the Law Office of Julie M. Essa, LLC TODAY for your free consultation.