Personal injury claim trials are what many people want to avoid. The legal costs and time commitments involved with going to trial are often the reason. Learning about what leads personal injury claims to personal injury trials might be helpful. There are certain legal options for avoiding going to trial. Talk to a Kansas City auto accident lawyer if you have questions.
What Leads to a Personal Injury Claim Trial?
Personal injury claims start with the inciting incident. A car accident, for example, that involves two drivers and personal injuries often involves filing a personal injury claim. Usually, the claim is submitted to the auto insurance company for a personal injury settlement so that the appropriate driver can be compensated.
This starts with collecting evidence and information about the accident. For car accidents, this would mean collecting the other driver’s basic contact and auto insurance information. Details about the car accident should be included in the claim, including what caused the car accident.
Several factors impact whether a personal injury claim is accepted by the insurance company. These same factors can also affect how much compensation is offered. These factors include whether a police report is available, how fast medical attention was sought, and other things like:
- How much evidence there is
- Whether other evidence contradicts your claim
- If traffic violations and criminal actions were involved in the accident
- Injuries that are deemed to pre-exist the accident
The best evidence comes in the form of pictures, documents, and witness testimonies. Medical records, receipts, pay stubs, car repair bill statements, and police records are all important to submit.
The next phase involves consulting with the auto insurance agent about your claim. You may want to consult with a lawyer first. A lawyer can help you negotiate when your claim is rejected, or you are not offered enough compensation.
Stages of a Personal Injury Claim Trial
When negotiations for a personal injury settlement fail, your claim could go to trial. The main ways to avoid a personal injury trial include:
- Filing a motion to dismiss
- Filing a summary judgment motion
- Filing a default judgment motion
- Negotiating and reaching a settlement
Some of these actions may involve processes like discovery and responding to counterclaims against your claim. A discovery involves requesting information and evidence from both sides. This may involve being asked questions on the stand, providing documents, and witness testimonies on both sides.
Once the case goes to trial, this will turn into selecting a jury, opening statements, witness testimony, and closing arguments. You can choose to contact a Kansas City personal injury lawyer to represent you in court. The last phase is the jury deliberation and the final verdict.
Kansas City Personal Injury Lawyer
Going through a personal injury trial alone can be confusing and stressful. Do not hesitate to call Peterson and Associates P.C. by dialing (816) 298-8708 to talk to a Missouri car accident attorney for a free consultation today. Our experienced team of Kansas City lawyers can help maximize your compensation for medical expenses, pain and suffering, and lost income. We are located in Kansas City, Missouri.