Truck Accident Case Going to Trial in Utah
If you suffered serious injuries in a truck crash, you might ask whether holding the responsible party accountable requires a lengthy courtroom battle. The answer: It depends.
In truth, truck accident cases go to trial more often than other types of personal injury cases. That’s because more money is at stake, and truck companies have the resources to pay a defense team to represent them in court. However, that doesn’t necessarily mean your own case will go to trial. Several factors, such as the severity of your injuries, who is at fault, and the strength of the evidence, will impact the direction your truck accident claim takes.
The ideal outcome of a personal injury case is to reach a full and fair settlement with the insurance company so you can move on with your life. But sometimes, insurers aren’t willing to bargain. And when they refuse to make an offer that accounts for the full extent of your injuries and losses, going to trial could be the best way to pursue the results you deserve.
At Swenson & Shelley, our truck accident lawyers prepare every case like it is going to trial. That allows us to provide the strongest representation to our clients and respond quickly if we need to change course. We’ll advise you thoroughly so you know what to expect at each stage of the legal process.
If you or someone you love was hurt in a semi-truck crash, call or contact us today for a free consultation with a skilled truck accident attorney.
Do All Truck Accident Cases Go to Trial?
The majority of commercial vehicle accident cases do not go to trial. Reaching a settlement can have advantages for both the victim and the defendant because:
Trials are unpredictable – A trial leaves it up to a judge or jury to decide whether you receive compensation and how much you get. A truck accident victim who takes their case to trial could receive more money than they would from an insurance settlement, but there are no guarantees. This gives all trials a level of uncertainty. However, if an insurance company will not settle your case on fair terms, the uncertainty of trial is often worth the alternative of accepting an unfair settlement.
Trials might take a long time – It can take months or years from the time you file a lawsuit to reach a verdict in a truck accident case. A fair settlement allows you to get the money you need faster, but only if the insurance company is willing to negotiate on fair terms. Many cases that require litigation settle before trial for a value far greater than what was offered before filing a lawsuit. Even though trials might take a long time, Swenson & Shelley will invest the time needed to make sure you get a fair outcome.
Trials can be expensive – Taking your case to trial involves additional expenses that are avoidable with an insurance settlement. When a lawsuit is filed, there are additional costs with litigation that will be incurred. Some of these costs include court filing fees, depositions, and expert reports and testimony. At Swenson & Shelley, we have the resources to pay these costs to make sure your case has the best shot at a fair resolution.
At Swenson & Shelley, we always aim to settle for more. But when insurers get stubborn, we won’t sacrifice your rights for a swift resolution. Our experienced attorneys will discuss the pros and cons of trial with you so you can make an informed decision before proceeding.
What Factors Determine if I Need to Go to Trial?
Factors to consider before taking your truck accident case to trial include:
- The extent of your injuries – The more severe your injuries are, the more worthwhile it may be to take your case to trial so that you can recover maximum compensation for your losses.
- The amount of compensation you seek – Insurance companies are more likely to settle a case if they believe they will save money in the long run. But if you ask for a hefty amount of compensation, the insurer may be more willing to risk a trial.
- The strength of your evidence – If you have compelling proof to back up your case, the insurer may settle quickly because they know they stand a greater chance of losing. But if the insurance company believes they have a strong case, they may decide to take a chance in court.
- Liability – The insurer is more likely to settle if one party is clearly responsible for a semi-truck accident. But if there is any question about who is at fault, the insurance company may risk a trial to avoid making a payout.
What Happens During Settlement Negotiations?
Settlement negotiations usually begin once the injured party submits a demand letter. This letter outlines the injured party’s losses and how much compensation they seek. This amount serves as the starting point for negotiations.
Upon receipt of the demand letter, the attorneys for both sides will review the available evidence to determine liability and how much they believe the responsible party should have to pay. If both sides generally agree about the facts of the case, they will have an easier time reaching a settlement agreement. But if there are any questions concerning fault, the insurance company will likely dispute the claim, increasing the chances of going to trial.
Settlement negotiations end in one of two ways:
- Both sides find a settlement amount they can agree upon, sign a settlement agreement, and the case is over.
- No settlement can be reached. If you wish to pursue compensation further, you must take your case to trial.
Sometimes, the threat of a truck accident lawsuit is enough to bring the insurance company back to the bargaining table. Your lawyer can advise on the strategy they think could lead to the best results for you.
How Often Do Truck Accident Cases Go to Trial?
Most personal injury cases never go to trial. But because truck accident claims typically have a high-dollar value, you may encounter resistance from the at-fault party’s insurer. A knowledgeable lawyer can discuss the likelihood of a trial in your case after reviewing the facts.
Why Should I Hire a Utah Truck Accident Lawyer?
Regardless of whether your truck accident case goes to trial, you will benefit from having a Utah truck accident attorney handle your case. Strict state and federal regulations govern the trucking industry. You want someone who knows these complex laws and can identify everyone who could be liable for your injuries.
An experienced lawyer can also determine what your case is worth so you don’t accept a lowball settlement offer from the insurance company. A truck accident attorney will also investigate your case, manage all talks with the insurer, and inform you of all developments in your case. And if your case goes to trial, you’ll want a proven courtroom litigator who can level the playing field and defend your rights to compensation.
Contact Our Truck Accident Attorneys Now
If you’ve been hurt in a truck accident, you need straightforward legal advice and top-quality legal representation. Talk to the trusted truck accident attorneys at Swenson & Shelley today. We’ll review your case and give you honest answers about your legal options.
Ready to get started? Call or contact us now.
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Will my truck accident case go to trial?
Trucking cases tend to go to trial more than some of the other kinds of cases because the trucking companies have a lot of money to spend on defending claims and are willing to do it and are willing to fight hard on that. With a specific claim, it’s always hard to know if the insurance company is going to make a fair offer that will get rid of the need to go to trial. We will prepare cases from the beginning as if they’re going to trial, and we’ll prepare the client as if they’re going to trial so, if that happens, there’s not going to be the fear factor of that when they get to that point.
Were you or a loved one seriously injured in a commercial vehicle crash and have questions about truck accident cases going to trial?
Contact our dedicated Utah truck accident attorneys at Swenson & Shelley today for a free confidential consultation.
Let our experience work for you.