Unfortunately, defendant insurance companies do not always offer fair compensation to the injured party after a car crash. When this occurs, an accomplished civil attorney may suggest taking the case to trial.
While litigation can be more expensive and time-consuming, it also has the potential for more substantial recovery. If you are owed monetary compensation for injuries sustained in a vehicle accident, consider speaking with a local lawyer experienced with car accident trials in Chesterfield.
While most auto collision cases are settled without setting foot in court, if a fair settlement cannot be reached a lawyer may suggest taking the case to trial. In Missouri, this decision must be made within five years of the accident, otherwise the plaintiff could be barred from recovery.
The first step of the litigation process is filing the petition which details the extent of the injuries, damages, and the at-fault party. Once this petition is drafted, it must be served to the defendant in the case. How this petition must be served depends on whether the defendant is an individual or insurance company. For an individual, the petition must be served personally, while a Registered Agent can serve the petition to a corporation.
Once the lawsuit is filed, the involved parties begin an exchange of information. This includes questions regarding whether each party has auto insurance, the type of insurance they have, and the policy limits. They also must exchange any other information that pertains to the case.
A seasoned car wreck attorney in the area could help an injured claimant through each step of the trial process. This includes gathering important evidence, interviewing witnesses, and presenting the case in court.
In some cases, there are multiple liable parties for one motor vehicle collision. For instance, if the defendant driver were working in the course and scope of their employment at the time of the wreck, they and their employer could be sued under the doctrine of respondeat superior. This means that employees are responsible for their employees when they engage in negligent behavior that harms another.
When there are multiple defendants involved, that means there are multiple insurance companies as well. In these cases, joint liability may apply, meaning that all the defendants can be responsible for paying for damages, even if they have only a small percentage of fault.
Multiple defendants can make these cases more challenging, especially without legal experience. People injured in auto collisions seeking restitution through trial should speak with a local lawyer about how to handle multiple liable parties.
Following a car crash, the last thing on your mind may be going to court. However, this may be your best option when insurance companies refuse to give you the compensation you are owed.
Car accident trials in Chesterfield are better handled by local attorneys well-practiced in this area of law. Contact our legal team to discuss your options today.