Do I Have to Go to Court for an Auto Injury Settlement?
Court television dramas tend to give the impression that court is dramatic and brief, with entire trials conducted in the span of a day or two.
While there can be some drama in the court, actual trials are often lengthy and filled with dry facts and legalities. As you can see from the media attention several of our recent trials have received, our trials are anything but dry.
That being said, it is a long and often stressful process. There is risk and there is no guarantee of success. It is understandable that most folks do not want to go to trial.
If you are of them, then you are in the majority. However, you should know that the only way to obtain a good result without going to Court it to make sure you have the very best trial lawyers so that you present a risk to the insurance company.
If your concern about going to court over your auto injury is stopping you from pursuing your case, you should seek legal assistance. An experienced attorney can help you get through it and sometimes settle without needing you to ever step foot inside a courtroom.
Settling your auto injury claim outside of a Colorado court has some benefits, including:
- Receiving your compensation more quickly.
- Paying less in legal fees and costs.
- Avoiding having to appear in court multiple times.
- Not relying on a jury to decide your case.
Your attorney will begin the settlement process by deciding what type of compensation you are likely to receive from a jury based on your injury, the involved insurance companies’ coverage, Colorado state laws, and prior cases with similar circumstances. Once he or she has arrived at a figure based on research, it will be presented to you, and the two of you will discuss the range of settlement offers you’re willing to accept.
With your consent, your attorney will present the offer to the representation of the other party. At this point, negotiations usually begin and go back and forth until a figure that both parties agree on is reached. There is no risk in trying to reach a settlement because you don’t have to agree to any of the offers if you don’t like them.
You’re not required to accept any figure even if there are negotiations, so you can still go to court if you believe the compensation being offered is too low. If you do accept a settlement, you should not have to go to court. Once all the paperwork is finalized, you should receive your compensation.
There might be additional terms the other party wants you to agree to as part of the settlement, such as not talking about your accident publicly, but these might be up for negotiation as well. As with any auto accident injury case, be careful to not jeopardize your own case, especially during settlement talks.
Don’t speak to anyone connected to the other party about your case at all, and always refer questions to your legal representation. Avoid mentioning the case on social media because anything you say there can be used against you in settlement talks or in court.
Have you been involved in an auto accident and need experienced legal help? Contact Zaner Harden Law by calling 303-563-5354 to receive a free consultation about your case. Learn more at: www.zanerhardenlaw.com.
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