Many people assume that every lawsuit ends up as a courtroom battle. However, only a fraction of cases ever make their way into the courtroom. More often than not, semi-truck accident cases find resolution through settlement negotiations out of court. Yet, there are circumstances where the courtroom is necessary for the resolution that parties couldn’t achieve through negotiation.
At Kidwell & Gallagher, we understand that the journey from accident to resolution is a complex one. Each case is unique, and we look at various factors to determine the best cause of the action. We work to ensure that victims of truck accidents receive their fair compensation and that justice is served.
Most cases settle before going to trial. There are key elements that make a semi-truck accident case more likely to proceed to trial. These include:
The primary reason that can lead to a semi-truck accident case going to trial is disputed liability. When both parties involved cannot agree on who is at fault for the accident, the case may end up in court. This dispute can arise from differing accounts of the accident, conflicting evidence, or complex circumstances that make it difficult to establish fault.
The extent of injuries sustained in the accident can also impact the likelihood of a trial. If the injuries are severe and result in significant medical expenses, long-term rehabilitation, or permanent disability, the injured party may be more inclined to pursue a trial to seek the compensation they deserve. Most cases involving minor injuries can be resolved through negotiation.
The insurance coverage of the parties involved plays a crucial role in the decision to go to trial. If the at-fault party has sufficient insurance coverage to compensate the injured party for their damages adequately, the case will settle without going to trial. However, if the insurance coverage is insufficient to cover the full extent of the damages, a trial might be necessary to secure additional compensation.
Sometimes, one or more parties involved in the accident may be unwilling to negotiate. This can lead to a stalemate, pushing the case toward litigation. Uncooperative behavior includes refusing to accept responsibility, failing to provide necessary documents, or displaying a lack of willingness to engage in meaningful discussions.
The strategies employed by both legal teams can influence whether a case goes to trial. For instance, our attorneys will opt for trial if they believe they have a strong case and can secure a better outcome for their clients in court. Also, semi-truck accident lawyers will recommend settling if they anticipate that a trial could result in a less favorable outcome for the victim.
Determining whether or not to pursue your compensation through trial can be a challenging decision. You need a professional to help you navigate the choice effectively. At Kidwell & Gallagher, we are ready to help you make informed decisions about your case. We will carefully evaluate your situation and advise you on the appropriate course of action. Contact us today for a free case evaluation.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.