Deciding on a settlement or trial after a Charleston tractor-trailer wreck is not easy. Depending on the circumstances of your case and how the insurance companies regard your injuries, you could potentially receive less than what you deserve for your losses. Do not let this happen. Work with an experienced truck accident attorney who could fight for you.
Settling a Case Versus Going to Trial
Who decides and the reasons to decide to settle a case rather than go to trial depends on the case. In South Carolina and tractor-trailer accident cases in Charleston, sometimes these case settle and sometimes they go to trial. There are so many factors that go into any specific case that determine whether or not they settle or go to trial. The two big areas in any case are liability, which means who is at fault, and damages, which is how much monetary loss was caused by the accident.
If the facts line up so that it is blatantly clear that the other driver is at fault, then that is a strong case from a liability standpoint. From a damages standpoint, a strong case would be one in which there are clearly injuries that came from an accident and not from somewhere else and that those injuries have led to medical bills, lost wages, and other expenses that could be added up and quantified in a way that is easy for a jury to understand. With weak liability, there are some facts that make it look like they are partially at fault. They could have strong liability and weak damages.
They may have only sprained their knee instead of having reconstructive surgery and needing a total knee replacement sometime in their future, which is an extreme of an example of a body part and the injuries they might sustain.
Deciding Upon Fair Value
Whatever the facts are in that case, those are going to decide what the fair value is for that case. If the insurance company offers a settlement that is a fair value in that type of case, victims might settle the case. If insurance companies do not, it is a case that needs to go forward to try. What happens in these cases every day is both parties have to compromise. Settlement is a fine option when it could be used properly. Settlement is something one does only when the insurance companies come across with a fair number, not when they are coming across with a ridiculous number, hardline tactics, or an unwillingness to be reasonable. In cases when they are not willing to be fair and reasonable, one is going to have to go around that insurance company and try their case.
However, a jury may come back with either a higher or lower amount than what was initially offered by an insurance company. That jury of peers would be the group that decides what the fair value of the case is in the event that the victim and negligent party are not able to reach a settlement compromise with the insurance company for the at-fault party.
Why Go to Trial
The reasons why someone might want to settle rather than go their trial differs for every case. For example, if one has strong liability and strong damages, they present the case, and the insurance company comes across with what a fair offer for those facts, they would settle the case. If they had weak liability and/or weak damages and the insurance companies let them know the fair is value given the weakness of their case, then that is a case that would settle.
The cases that do not settle and the ones that go to trial are the ones that the value is much higher than what the insurance company is willing to pay, are not willing to be reasonable, or the injured party’s claim is worth more than it should ever be worth and is unwilling to be fair and reasonable despite a reasonable offer from the insurance company. In those types of cases, on either side of the equation, the case goes to trial. When a case goes to trial, the jury is going to decide. Both parties lose control of the process. Many times, if the insurance companies are not going to deal fairly, they leave one no choice but to go to that jury and ask them to tell everybody what is fair.
Have a Charleston Truck Accident Attorney Help
Surviving a horrible truck accident does not mean your troubles have ended. Despite it all, there could likely be a challenging amount of medical bills and rehabilitation costs for you or a loved one. Fortunately, the laws allow you to hold negligent parties accountable for your losses. However, deciding on a settlement or trial after a serious truck wreck in Charleston could be difficult.
If you want to receive the compensation you need, contact an attorney who could help you.