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Truck accidents are devastating and sometimes fatal since they are very large and very fast. Therefore, in such a situation, it can be a daunting task to determine whether to settle the case or take it to trial. All the options have pros and cons, as such it is vital to take time and decide how to proceed.
If you are looking for a truck accident attorney near me, this article explores the advantages and disadvantages of settling a truck accident case and going to trial so that you can make the right decision for your case.
What are Truck Accident Settlements
Truck accident claim settlement is the process of negotiating with the negligent party’s insurance company and agreeing on a certain compensation amount without going to court. First, settlements are quicker than trials, which means that victims can be compensated quickly.
Secondly, settling provides both parties with the certainty of the outcome because the parties agree on a certain amount of money instead of a jury verdict. Finally, the psychological pressure of a trial is also less in a settlement because the victims do not have to go through the process of testifying in court and remembering the details of the accident.
However, settling also has some disadvantages. The amount of money that can be received in a settlement may be less than the amount you can obtain from a jury trial, and the claim may be undervalued. To avoid this risk, it is important to hire a lawyer to represent you and fight for a reasonable settlement.
The Process of Going to Trial
If a fair settlement cannot be reached, the next step is to go to trial. This entails taking the case to a judge or a jury to decide on the matter. The most significant benefit of going to trial is the possibility of receiving higher compensation. Juries may award higher amounts, especially if the defendant is deemed to have acted negligently or outrageously.
Also, the trial results are made available to the public, which helps ensure that the negligent party is punished and discourages others from being careless. Trials also allow for the review of all the evidence, including the expert witnesses, which can be very helpful in truck accident cases. However, trials have several disadvantages.
They are lengthy and may sometimes last months or even years before coming to an end. The result is unpredictable, and the worst-case scenario is that the jury may decide in favor of the defendant, which means that the plaintiff will not be awarded any damages. Also, the trial process can be very tiring for the victims and their families, both emotionally and physically.
Factors to Consider When Deciding
If you are looking for a truck accident attorney near me, there are several factors you should consider when deciding whether to settle or proceed to trial. The strength of your case is the most critical factor; it is necessary to evaluate the evidence and the chances of proving the defendant’s negligence. The strength of the case may determine whether it is better to proceed to trial or to settle.
Another factor that cannot be overlooked is the financial aspect; if the plaintiff requires the money to pay for medical treatment, lost wages, and other costs, settling is the best option. Also, one has to consider the emotional preparedness of the subject. Settlements can give a faster resolution, while trials can prolong the victim’s suffering.
Summary
If you are looking for a truck accident attorney near me, remember that choosing between a truck accident settlement and a trial is a crucial decision that affects the amount of compensation and the victim’s mental health. All the options have advantages and disadvantages, and the choice should be made based on the specific situation of your case.
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