If you have been hurt in a truck accident in Las Cruces, you are likely experiencing a range of emotions – pain from your injuries, worry about medical bills, and uncertainty about what comes next. At Hit By a Truck Call Chuck, we understand the stress and anxiety our clients feel after a serious crash. One of the most common questions we hear is will my case have to go to court? The answer depends on the unique circumstances of your accident, but here is what you should know.
Most Truck Accident Cases Settle Out of Court
While TV dramas might make it seem like every legal case ends up in a dramatic courtroom showdown, the reality is quite different. The vast majority of truck accident cases – over 90% by some estimates – are settled before reaching the trial stage. There are several reasons for this:
- Trials are expensive and time consuming for both sides
- There is always uncertainty in how a jury will decide
- The trucking company and their insurers usually want to avoid the exposure and publicity of a trial
- Most injury victims prefer to get compensated sooner rather than later
However, an out-of-court settlement is only a good solution if the trucking company offers fair compensation for your injuries and losses. Having an experienced truck accident lawyer can make all the difference.
When Going to Court May Be Necessary
While rare, there are some situations where taking a truck accident case to trial may be in the victim’s best interests:
- The trucking company denies liability and refuses to make a settlement offer
- The settlement offer from the insurer is far too low to cover your damages
- There are complex legal or factual issues that need to be decided by a judge or jury
- The full extent of your injuries and future medical needs is uncertain
At Hit By a Truck Call Chuck, we prepare every case as if it is going to trial, even though most will not. We conduct in-depth investigations, gather evidence, consult with experts, and build the strongest claim possible.
What to Expect if Your Case Goes to Court
If your attorney determines that a trial is necessary and you agree, the litigation process will begin. This involves filing a formal lawsuit, going through the discovery process where each side shares information and evidence, and potentially having depositions of witnesses and experts. As the trial date nears, there will be a flurry of motions and pre-trial hearings.
The trial itself is the last phase. A judge or jury will hear arguments from both sides, review evidence, and make a binding decision on liability and compensation. Even if you win at trial, the trucking company can still file an appeal, potentially extending the process. Fortunately, only a tiny fraction of cases reach this stage.
Trust Your Las Cruces Truck Accident Lawyers
No one can predict with 100% certainty whether your specific Las Cruces truck accident case will settle out of court or end up at trial. At Hit By a Truck Call Chuck, we will explore every opportunity to get you maximum compensation in the least amount of time while still being prepared to go to court if needed. Call us today to schedule a free consultation.
Related Links:
- What Happens When a Trucker Falls Asleep at the Wheel in Texas?
- How to Know if You Have a Truck Accident Case
- When Should You Contact a Truck Accident Lawyer?
- What Makes Truck Accidents Different From Car Accidents?
- What are the Most Common Truck Accident Injuries?