Car accident cases are most often resolved with a settlement. However, if you are in the middle of settlement negotiations and you are not able to reach a settlement, you might wonder if you should still go to trial. However, there are many reasons why a trial is often used only as a last resort.
A Trial Can Take a Long Time
Trials take a very long time to be resolved. You will need to go through several stages before the trial can even begin such as the discovery process. Courts are also backlogged and you may not see a trial for over a year.
You're Not Guaranteed a Win
Because the whole process can be expensive, you may end up in a worse financial situation if you do not win your case. Trials are more expensive because of all the things that a car accident lawyer needs to do to prepare for a trial. This includes interviewing witnesses, writing motions and briefs, and doing research. All of this costs money.
Cases Can Be Settled with an Alternative Dispute Resolution
Fortunately, there is a third approach you can take if you are not able to settle out of court. You could turn to an alternative dispute resolution. A mediator can help you throughout this process by remaining neutral and helping each party feel like they are heard.
What to Expect
The mediator does not make any decisions during mediation but they will give their feedback after they are done with listening to both sides and giving each party a chance to speak. Then, each side will be given the pros and cons of each side and will also bring up concerns you might not have considered.
If you would rather that the third party have decision-making powers, you might choose arbitration instead. Under these circumstances, the arbitrator will issue a ruling. You have the option of having the ruling be binding or non-binding.
Car Accident Legal Services
Before choosing to work with a third-party arbitration service, you will want to speak with a car accident lawyer and you may even want to have a lawyer represent you throughout the arbitration service. They will investigate your accident to gather evidence that can be used to prove that the other party is at fault.
They will help you calculate the damages you have suffered so that you can then receive full compensation for your injuries. Like in a courtroom, your attorney will present a compelling case so that you can receive full compensation.
To learn more, contact a car accident lawyer in your area.