People who are injured in car accidents have the legal right to request compensation for medical bills, lost wages, pain and suffering, and much more. This compensation usually comes after a settlement or a car accidents trials.
Over 90% of car accident cases are settled before going to court. But what about that other 10 percent that do go to trial? This article will explain what you can expect before, during, and after a trial on your car accident claim.
What’s the Purpose of a Personal Injury Trial?
Personal injury claims involving car accidents typically focus on one concept – negligence. Negligence is a word lawyers use to describe someone’s careless behavior. To win your car accident claim, you’ll have to prove that the other driver was negligent.
To prove that the other driver was negligent, you’ll have to prove that
- The other driver owed you a duty to drive carefully,
- Despite this duty, the other driver did not drive carefully,
- You were injured, and
- The other driver’s actions caused your injuries.
In most car accident claims, people agree on the basic facts. But sometimes, issues arise that the parties cannot resolve. For example: Was the light yellow or red? How severe were the injuries? If it’s a trucking accident, does the fault lie with the driver, the owner, the loaders, or some other party? Did you contribute to causing the accident in some way? When the parties can’t agree on the answers to questions like these, the case will likely go to trial.
Can a Car Accident Case Settle Before Trial?
Yes. Experienced Alabama accident lawyers continue settlement negotiations up until the day of trial. Some cases even settle after the trial has started.
However, if your case is scheduled for trial, prepare to go to trial. Don’t assume that it will settle, even though it’s possible.
What Happens Before a Car Accident Trial?
The good news is that your accident attorney will do most of the heavy lifting before trial. Your lawyer will
- Investigate your case,
- Sort through discovery materials to find helpful evidence,
- Find experts to support your case,
- Collect evidence from you (e.g., your medical bills, etc.),
- Choose which witnesses and documents to use at trial,
- Prepare questions for witnesses, and
- Create demonstrative exhibits (e.g., blown-up photographs, scale models, etc.).
Your injury lawyer will also talk to you about what to expect at trial. Contrary to what you may have seen in TV shows or movies, your lawyer will not tell you what to say. However, they will tell you about the types of questions you might be asked so you won’t be caught off guard during car accidents trials. Your accident attorney will also explain courtroom procedures and answer any questions you might have.
Settlement Negotiations Before Filing a Lawsuit
After they get your demand letter, the insurance company will likely respond with an offer. Negotiations will continue until you agree on a dollar amount, or until you discover that no settlement can be reached. Once you’ve reached an impasse and further negotiations seem pointless, your lawyer will file a lawsuit against the at-fault party, if they haven’t done so already, to preserve your right to go to trial.
The car accident litigation process can be lengthy. How long does car accident litigation last? The answer depends on a variety of factors. If there are only a few issues in dispute, the length of litigation may depend on the court’s calendar more than anything else. However, if multiple issues are undecided, litigation may take much longer.
The litigation process begins when the injured party (the plaintiff) or their lawyer files a complaint. They must serve a summons on the at-fault party (the defendant) to notify them of the case. The defendant has 30 days to file their answer.
The next phase of litigation is the discovery phase. In this stage of car accident lawsuits, the parties exchange evidence and documentation related to the case. They can use Interrogatories, which are written questions that must be answered under oath, to get information from the other side. They can also use Requests for Production, which the other side must answer by producing documents or other physical evidence. Each party can take depositions of witnesses and the opposing party. These more informal question-and-answer sessions usually take place in a lawyer’s office, with a court recorder present.
Pre-trial motions are next. If, after reviewing all the evidence, either side determines that their case is an obvious winner, they can file a motion for summary judgment, which would end the case if the judge agrees with them. They can also file motions to exclude some evidence or to dismiss the case.
Negotiations can continue throughout this process, and in some cases, evidence that comes to light during discovery can make settlement more likely. However, if no settlement can be reached, the case will proceed to trial.
If either party disagrees with the court’s decision, they can appeal to a higher court if there is an error in the trial process.
Alabama’s Two-Year Statute of Limitations
In most cases, Alabama law allows an injured person two years from the date of the accident to file a lawsuit against the party who harmed them. If you file suit after the deadline has passed, the court could dismiss your case. Losing the ability to pursue your case in court means you also lose your best leverage against the insurance company. Talk to a car accident attorney as soon as possible to avoid missing important legal deadlines.
How Long Will My Car Accident Trial Take?
It depends. Cases involving two-car accidents might take just a day or two. More complex cases, especially those involving severe injuries, multiple cars, or trucking accidents, may take much longer. Your Birmingham accident lawyer can help you understand how long your trial should last.
Who Are the Key People in a Car Accident Trial?
Here are the people you can expect to see during a car accident trial:
- The plaintiff (you). Lawyers and judges refer to the injured person as the “plaintiff.” In your car accident trials, you will be the plaintiff.
- The defendant. The defendant (or defendants, if there’s more than one) is the person that you believe is responsible for causing your injuries.
- The attorneys. The plaintiff and defendant will each have their own attorneys.
- The jury. Two types of questions come up in trials – questions of law and questions of fact. A question of fact in a car accident case would be whether a traffic light was red or green. In the American legal system, juries decide questions of fact. If there are multiple versions of a story, the jury gets to decide which version to believe.
- The judge. Juries answer questions of fact, but judges decide questions of law. Legal questions that come up at trial include whether a witness should be considered an expert, whether evidence should be admitted, and which questions the lawyers can ask.
- The witnesses. Each side can call witnesses to help their case. There are two types of witnesses. Lay witnesses are regular people who can testify about what they saw before, during, or after the accident. Expert witnesses are people who have a high level of expertise in a particular field. In car accident trials, a doctor might be called as an expert to explain your injuries.
What Happens During a Car Accident Trial?
Here are some things you can expect to see during a car accidents trials:
- Jury Selection. Weeks before the trial, the court clerk will send jury duty notices to a random group of people. The lawyers ask questions and strike potential jurors until 12 people remain. Those 12 will be sworn in as jurors.
- Opening statements. Each side will give a short statement to the jury about their theory of the case and what they hope to prove.
- Presentation of the cases. Each side will have the chance to present evidence and witnesses to support their case.
- Closing arguments. Similar to opening statements, the closing argument will go through the evidence and attempt to convince the jury that their version of the story is the right one.
- Jury instructions. After each side gives their closing argument, the judge will give the jury instructions about the law they must use to reach their verdict.
- Verdict. After instructing them, the judge will release the jury and send them into a special room to deliberate. The jury will weigh the evidence and make its decision.
Note that some trials are bifurcated. In these trials, the jury first hears evidence on fault. The verdict decides whether the defendant is responsible for the injuries. If the defendant is responsible, the jury then hears evidence on damages. The second verdict decides how much the plaintiff should receive in damages.
What Happens After the Verdict in a Car Accident Trial?
If you lose at trial, your lawyer can appeal. When you appeal, you take your case to a higher court to ask them to review the evidence and change the decision. But remember, juries are asked to decide which evidence to believe. Juries get to see the witnesses live and in person; appellate judges do not. For this reason, appellate courts very rarely overturn jury verdicts. At times, they reduce jury awards, though this is also fairly rare.
If you win, the other side can appeal, but they know that getting an appellate court to overturn a jury verdict will not be easy. Since appeals can take years, they also know that it will be time-consuming and expensive. But because a defendant doesn’t have to pay anything until the appeal is decided, some use appeals as a delay tactic.
Defendants have been known to use the threat of an appeal to reopen negotiations post-verdict. Even though this will cause a delay, the good news is that you’ll have the upper hand because it will be very difficult for them to argue that the amount awarded by the jury isn’t a fair baseline.
Bottom line: winning at trial doesn’t mean you’ll get paid immediately. Your Birmingham accident lawyer can guide you through the process.
Alabama’s Strict Contributory Negligence Rule
Alabama law includes a strict contributory negligence rule. Under this rule, if you are found to be even 1 percent to blame for the accident that injured you, you are disqualified from receiving any compensation for your injuries.
The at-fault party’s insurance company will try to insist that you share some fault for the accident so they don’t have to pay you anything. You cannot take their word for it. You should engage an Alabama car accident lawyer to represent you. They’ll have experience in fighting back against the tactics insurance companies use to deny claims. If your lawyer can’t make headway with the insurance company, they can file a lawsuit that will lead to a trial for a car accident.
Once you file your lawsuit, the determination about whether you were at fault is up to the court. If they find you did not contribute, you can obtain compensation for your injuries and other accident-related costs.
Required Alabama Accident Reporting Forms (SR-13 & SR-31)
You are required to call law enforcement immediately after a crash that causes injury or death. After a motor vehicle accident that resulted in death, personal injury, or property damage greater than $250, you must file an SR-13 within 30 days of the accident. Section 32-7-5 requires this form, which you must return to the Driver License Division Safety Responsibility Unit.
If someone was injured or killed in the accident, and the property damage was more than $500, you must complete an SR-31 instead. You must return this form to the Alabama Law Enforcement Agency Safety Responsibility Unit.
Failure to file these documents can result in the suspension of your driver’s license. Additionally, if you don’t file these documents on time, you may face credibility problems or procedural complications when you file a claim for compensation from the at-fault party’s insurance, or if the case goes to trial.
Contact your insurance company right away. Your insurance policy will state how long you have to report a claim after an accident. If an uninsured driver hit you and you opted to purchase uninsured motorist coverage when you bought insurance, you can use your uninsured motorist policy to pay for your injuries, lost wages, and property damage up to the policy limit.
The Insurance Claim & Demand Letter Process
After your lawyer has identified the at-fault party and after your injuries heal, they will assess the value of your car accident case. They’ll consider all your medical expenses, any lost wages from the time you had to be off work while you healed, and any property repair or replacement. Your lawyer will also assess the value of your personal losses, like pain and suffering, and loss of enjoyment of life.
Once your lawyer has arrived at a number that fairly represents your total claim value, they will send a demand letter to the at-fault party’s insurance company. This letter sets out your theory of the case, outlines the proof you must show that the other party was at fault, and states the value of your case. Your lawyer will send documentation supporting your demand.
You may not be able to settle if the insurer is insistent that part of the fault for the accident is yours, or if they don’t believe your injuries were as bad as you claim. If you can’t settle, the next step is going to trial for your car accident compensation.
Do You Have More Questions About What to Expect at a Car Accident Trial?
Going to trial after a car accident is a serious matter. While this article answered many questions about what to expect at a car accident trial, please contact Collins Law, LLC if you have more questions. Our team would be thrilled to answer your questions about car accident cases, trucking cases, or any other personal injury matters. If you’ve been injured and you have questions or need legal help, call us at 205-588-1411 or use our website’s online scheduling tool to schedule a free, no-obligation consultation.
