In the vast majority of personal injury cases, it is not necessary to go to court. You and your construction accident lawyer in Dallas may instead be able to resolve your case at the negotiating table. Only if negotiations fall through—or if the insurer refuses to negotiate at all—would you have to go to court.
How Can You Resolve Your Construction Accident Case?
It may take a little while to figure out exactly how your case will unfold. Your attorney may start by contacting the insurer and see if the insurer:
- Will accept the basic premise of your claim—that their client caused you serious harm—or if they intend to deny or downplay their responsibility
- Are open to engaging in good-faith negotiations or if they will try to reduce the amount of compensation you have requested by, for example, claiming you caused the accident yourself
- Provide timely, helpful responses to your communications or if they intend to ignore you as much as they can in an attempt to frustrate you into accepting less than you need
The insurance company’s behavior will tell you whether or not it is necessary to go to court to resolve your construction accident case.
Most Cases Are Resolved Out of Court
Going to court is a major inconvenience for everyone involved. For this reason, insurance companies often prefer to settle out of court than to let a case go to trial.
That said, the insurer’s main goal is to save themselves money. If they think they stand a good chance of winning against you in court, they may deny your claim and refuse to negotiate. This would give you no choice but to file a lawsuit and go to court.
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What Is a Construction Accident Court Case Like?
Everyone’s case is different, so the trial process will look a little different for everyone. In general, a construction injury trial may follow these steps:
- Your lawyer will alert the liable party, the insurance company, and the applicable court of your intention to go to trial.
- Once your case is accepted, both sides will get to work on deciding when and where the trial will take place and who will sit on the jury.
- Your legal team will get to work on submitting all of the evidence they have found to the court. They can also engage in discovery, when they exchange evidence with the liable party and their insurer.
- Throughout the trial, your lawyer can represent you in the courtroom. If you do intend to testify, your lawyer will help you prepare.
- Your attorney can do all of the talking. This includes delivering opening and closing statements, questioning witnesses, and raising objections if the liable party’s legal team tries to violate your rights.
- If the judge makes any special requests, such as for additional materials, your legal team can fulfill them.
- Once all testimony, evidence, and statements have been provided, your court case is over. You must now wait for the jury to evaluate all they have heard and decide whether or not to award you damages.
Does Going to Court Shut the Door on Accident Settlement Negotiations?
No, it does not. If at any time the insurer decides that they want to start negotiating, all they have to do is contact your lawyer. You and your attorney can then assess if the insurer is sincere about wanting to offer you a fair deal and, if so, reopen negotiations.
Should You Hire a Construction Accident Lawyer to Go to Court for You?
If you work for a non-subscriber employer who offers no workers’ compensation benefits, your only option for recovering injury damages may be through a legal action.
There are many good reasons why you should consider hiring a legal representative to manage your case on your behalf. These reasons include the following:
Lawyers Understand Construction Accident Law
While no lawyer can guarantee a successful outcome to your case, their legal knowledge and experience can be incredibly useful. They understand how the insurers think and act, so they know how to communicate with them while protecting your rights.
Without professional guidance, you would have to try to anticipate the insurer’s moves and motives on your own. For that reason, it may be easier on you personally to get a settlement with an attorney than without one.
Court Cases Can Take a Long Time to Resolve
While you have a limited time to file your lawsuit (in Texas, for instance, you have just two years, per Texas Civil Practice and Remedies Code § 16.003), there is no deadline for when that case must be resolved. It is not uncommon for cases to drag on for months or even years, especially if the insurer does not cooperate or if your situation is very complex.
Rather than devoting all of that time to pursuing your case, you can allow a construction accident law firm to do the work for you. It is their job to handle cases like yours so that you can focus on working your way to regaining your old life—or creating a new normal.
You Deserve a Peaceful Recovery After a Construction Injury
This is true whether you suffered an injury yourself or are still grieving the loss of a loved one. You know your family deserves compensation, but you may not feel up to putting in the time and effort required to fight for it—and you do not have to do so.
It is your construction accident lawyer’s job to deal with the day-to-day stress of your case. All you should have to worry about is getting the care you need and making plans for the future.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Our Firm Can Help You Resolve Your Construction Accident Case
Going to court is not usually necessary to resolve a construction accident case. Nevertheless, it is a good idea to hire an attorney who is prepared for all eventualities. Loncar Lyon Jenkins can provide you with a personal injury attorney who can quickly and accurately assess your case’s needs and follow through for you. Call for a free consultation today.