Car Accident Trials in Clarksburg
While you might, understandably, be in a hurry to resolve your car accident trial, sometimes it is better to take the time to ensure that the case is being handled properly and thoroughly by a Clarksburg attorney.
A dedicated attorney could examine your case to determine the best course of action when dealing with your car accident case. Whether you are deciding if you should bring your case to trial or if you are already preparing for court, they could be there providing guidance and support every step of the way.
Length of Litigation
Litigation for Clarksburg car accident cases can last from 12 to 16 months before going to a jury trial. Plaintiffs may become frustrated at the slow pace of settling a case with the insurance company, but the process is often faster than filing a lawsuit. An injured individual might insist their attorney file a lawsuit if they believe the insurance company is not moving quickly enough. However, while this is often an appropriate action to take, filing a lawsuit can significantly lengthen the case due to the likely possibility of the company hiring an attorney on behalf of the at-fault party. The more time the other attorney spends on the case, the more money they may earn, meaning that they might not be motivated to expedite the case.
Litigation could move faster if a suit does not have to be filed and the injured individual is only opening a claim against the insurance company. The severity of the individual’s injuries and projected recovery rate to reach maximum medical improvement could influence the length of a personal injury claim and settlement. However, a personal injury victim should be wary of settling their case before they have recovered because once they settle, they cannot ask the at-fault party for any further payments to cover necessary medical care.
Another way the litigation could be slowed down is if the defendant files for bankruptcy. The case may be moved from the circuit court to the United States Bankruptcy Court, which could delay the resolution of the case. Or, one of the parties could ask the court for a continuance of the trial if a witness or party is unavailable during a deposition or trial day. A continuance could also be requested if there is newly discovered evidence, as both sides might need more time to develop their case prior to trial
Car Accident Trial Process
The primary pieces of evidence the jury will consider when determining who is at fault for the accident should be preserved and presented for the trial. Some of the most important documentation in a car accident case is relevant photographs, traffic crash reports, and medical records and bills. Lawyers should also ensure the doctors who treat the injured individual are available to attend the trial and present their testimony and opinion regarding the plaintiff’s condition.
What is the Discovery Period?
After a car accident lawsuit has been filed, there may be a period of discovery during which both sides learn about the other’s case. After this period expires, a trial will be held.
During the trial, both sides will have the opportunity to give an opening statement to the jury to share what they believe happened and what their evidence will reveal about the case. The plaintiff will present their case first because whoever files the claim is burdened with proving the defendant’s guilt. The person being sued will present their evidence after the plaintiff because they do not have the burden of proving anything to the jury. However, they will most likely respond to the plaintiff’s assertions against them.
After presenting all their evidence, both sides can give a closing statement to review the evidence and highlight the information that they believe is most favorable to their case.
How Would a Clarksburg Car Accident Lawyer Litigate Against Multiple Defendants?
Litigation involving multiple defendants proceeds in much the same way. The plaintiff still has the burden of proving their case, but they can present their evidence against one defendant or against multiple defendants.
A plaintiff can bring a lawsuit against one defendant, and the defendant can file suit against another party for allegations they think the third party is at fault for pertaining to the plaintiff’s injuries. Having multiple defendants in a case might influence the outcome if the defendants each assert that the others are at fault. If the plaintiff clearly was not at fault, the defendants might resort to pointing fingers at each other, which could validate the plaintiff’s case.
How a Car Accident Attorney Could Benefit You During a Trial in Clarksburg
A car accident lawyer can mitigate difficulties during court by utilizing their trial experience to present evidence and assess how the jury responds to it. While navigating the uncertainties of a trial, they could present their arguments against multiple defendants differently if each party played a slightly different role in causing the plaintiff’s injuries. Call a Clarksburg attorney to help you through your car accident trial today.