If you were injured in a car accident, you generally have two options for resolving your personal injury case: settling or going to trial.
At Caruso Law Offices, P.C., our Albuquerque personal injury lawyers do what is in our clients’ best interests. In some cases, this is accepting a settlement to avoid the expense and stress of a trial. In others, it is taking the case all the way to trial. You get to make the ultimate decision of how to resolve your case. Contact us today to get started with a confidential case review. If you choose to hire us, we can advise you throughout the legal process on which option we think is best for you.
What Is a Settlement?
In personal injury law, a settlement is a compromise between a victim and the defendant or their insurance company to accept a certain amount of money in exchange for not taking the case to trial. When you accept a settlement, you typically sign an agreement that states that the at-fault party is not actually admitting fault, that you cannot later sue for additional compensation, and that you won’t discuss the case.
Several steps go into the process of reaching a settlement, including:
- Conducting an investigation and gathering evidence to prove the other driver was at fault
- Filing an insurance claim
- Calculating the fair value of the claim
- Presenting a demand letter to the insurance company
- Negotiating for a final settlement value
What Is a Trial?
A trial involves taking a case public. You file a lawsuit in the appropriate court and ask the court to award you a certain amount of money because the other driver was responsible for your injuries. If a case goes all the way to trial, it completes the following process:
- Filing the lawsuit
- Serving the defendant
- Waiting for the defendant’s response
- Filing pre-trial motions, as appropriate
- Completing discovery to exchange information and prepare for trial
- Attending pre-trial conferences
At the actual trial, your attorney begins by giving an opening statement, outlining the case. This is followed by the defense attorney giving their opening statement and explaining why their client is not responsible from the car accident. Your attorney then calls witnesses and presents evidence. The defense attorney cross-examines the witnesses and challenges the evidence. The defense attorney may then present their own evidence and witnesses. The case concludes with a closing statement. The judge or jury then deliberates and determines the verdict.
Contact Us for Help with Your Car Accident Claim
If you were injured due to someone else’s negligence, you deserve to be fairly compensated for the medical bills, lost income, and pain and suffering you incurred. The experienced legal team at Caruso Law Offices, P.C. can help you determine whether this is best achieved through an insurance settlement or taking your case to trial. We align our legal strategy with your long-term objectives. Contact us today for a free consultation with an experienced car accident lawyer to discuss your situation.