Baton Rouge, LA – Lawyers have to deal with several different things for their clients after the case is initially filed. They need to gather evidence, share it with the defense through the discovery process, and negotiate along the way to see if a settlement can be reached. If both sides do not settle, all of the evidence has been exchanged, and the plaintiff and defense are ready, there will be a trial. The victim and others can potentially be called as witnesses if a trial is necessary, however a settlement is much more likely for a number of reasons.
Settlements versus trials
In the current times, the majority of accident cases end with a settlement, although a trial is still possible. A settlement agreement outlines all of the clients losses, and both parties agree that the litigation will be ended entirely and forever in exchange for a specific sum of money. In most cases, the plaintiff will receive a comparable amount to what they would have received as a jury verdict, especially if their lawyer is an experienced negotiator.
Trials are most common when the parties cannot agree because of different versions of the facts as recounted by witnesses or documentation, or if there is a legal principle that can be decisive but is unclear. In other words, the plaintiff and defense will have some kind of serious disagreement, a very different understanding of how the events unfolded, or disagreements about the application of a relevant law.
Costs of a trial
Trials can be time consuming, cost the lawyers and their clients more money, and have a risk of total loss. For these reasons, trials are normally seen as the less efficient option when compared to settlements. Most personal injury attorneys also work on a contingent fee basis, which means that either all of these costs will be a loss for the firm if they are not successful at trial, or the client will be billed much more money that is taken out of their verdict if a trial is necessary.
If issues such as comparative negligence are to be decided by the jury as well, the victim may get a much smaller amount. This is because they can find that the victim’s damages should be reduced by a significant percentage due to partial fault for their own accident.
Injury lawsuits in Louisiana
Anyone who needs assistance after an accident should get in touch with a lawyer to protect their rights and explore the possibility of a civil lawsuit. Miller, Hampton, and Hilgendorf focus on personal injury law and car accident issues in the Baton Rouge area.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806