No one likes going to the courthouse, especially when it’s for something like an accident. If someone has injured you in a Pennsylvania truck accident, you may wonder if contacting a Pennsylvania truck crash lawyer means you will have to go to court.
Like anything in law, there is not a single definitive answer to this. However, if you have not received a citation and are committed to avoiding it, you can often recover a settlement offer without the hassle.
Settlement Agreements Can Keep You Out of Court
Retaining an attorney does not inherently mean you have to go in front of a judge. Even if you think you intend to sue after your truck accident, the first step is to build a case and try to negotiate with the other party. This is most often the trucking company’s insurance provider or the driver’s insurance company.
Generally speaking, insurance companies are motivated to settle a case instead of going to court, for the same reasons you may be hesitant. When you negotiate with another party, you have relative control over the terms and amounts. However, a judge may end up awarding far more or far less in damages than you may have otherwise asked for. Additionally, going to court costs much more time and money to take that kind of risk.
Factors that Affect Your Chances of Going to Court
When we operate under the assumption that no one wants to go to court, it can inform the strategy of your case and use that aversion as leverage to get what you need. In most cases, you are likely already in a better position by having an attorney because it tells them that you are serious about your claim and unwilling to allow them to take advantage of you.
Working with an attorney shows you have someone who will not be intimidated by the possibility of a truck injury lawsuit if they do not engage in good faith negotiations. As a firm, we have secured numerous seven- and even eight-figure settlements, including a $26 million recovery for a client catastrophically injured in a truck accident, which further establishes your credibility as someone to take seriously.
The Strength of Your Case Matters
When you work with an established trucking lawsuit attorney who provides a strong case with clear evidence to support your claims, it may keep the insurance company fair in their offers and allow you to agree on terms without escalation. After all, the more convincing your argument is, the more likely you are to convince the judge if you are unhappy with their offers.
However, if you have not taken the time to complete a thorough investigation and gather evidence to support your case, you may find they are stingier in their negotiations. This can happen if they feel that the cost of court is less than what you are asking or what they can negotiate.
Higher Damages May Increase Your Chances of Court
Insurance companies are in business because they protect their assets by paying out as little as they can on claims. This strategy may mean that lower-value claims are negotiated and paid out with relative ease, if for no other reason than to avoid the additional costs associated with litigation in court.
If you have suffered significant injuries, you may be fairly requesting a significant amount in damages, which may make them push back and scrutinize your claim further. Some of these strategies can take more time, which may pressure you to settle or decide before Pennsylvania’s two-year statute of limitations on truck accident lawsuits expires. However, it may also indicate that you are unlikely to obtain what you are requesting without a judge’s order.
Your Attorney’s Experience with Truck Accident Cases
Knowledge is leverage in any negotiation. The attorney you choose in your truck accident case matters. At Munley Law, we set the standard for truck accident litigation. We understand the complexities and the need for quick work. Within hours of your call, we begin taking action to protect and recover evidence. When you have a lawyer who knows trucking law, you have more control over whether you go to court on your terms.
You Can Do Things to Increase Your Chances of Settling
If you want to increase your chances of agreeing without having to go to court, there are a few things you can do. One of the first considerations is to make sure you are responsive when your attorney requests documents from you. Doing this prevents unnecessary delays on your end, which may leave you feeling rushed as you approach the end of the statute of limitations.
Dealing with financial and legal issues while you try to recover from a truck accident can make you feel out of control. Thankfully, there are things you can do to support your semi-truck accident lawsuit that can bolster your case.
Call 911
In many cases of a Pennsylvania truck accident, you are legally required to report the accident. However, this can still help your case. When you call 911, the police will complete an investigation and file a police report that you can use as evidence later.
Take Photos
If you can, take photos of the scene of your accident, including vehicles, other property damage, and your injuries. These can provide valuable insight about the accident later in your case.
Seek Medical Treatment and Follow Your Treatment Plan
It is important to seek a medical evaluation as soon as possible after your accident. This ensures that you don’t have unidentified injuries that may cause further pain later, and it documents the nature of your injuries immediately after the accident.
While immediate assessment is important, it is also critical that you follow your doctor’s instructions. If the treatment team tells you to avoid strenuous activity for three weeks, and you go to your workout class a week later, it can give the impression that your injuries are not as bad as you claim. If you have concerns about your care, consider seeking a second opinion from a physician before deviating from your recommended treatment plan.
Keep Meticulous Records
A common phrase in the court system is that if it’s not documented, then it didn’t happen. While we know that this isn’t literally true, it highlights the importance of documentation in establishing the facts of your case. It can be helpful to keep all paperwork from your car accident in a file or folder. Having quick and accurate access to documents such as receipts, invoices, medical records, and communications related to the accident can significantly support a favorable outcome.
Stay Off Social Media
This may not be an active action you can take to help your case, but many strong cases have been compromised by a careless social media post. The insurance company is likely checking in on your public life and may take posts or photos of you and create a narrative that works for them. While this is unlikely to devastate an otherwise robust case, it can introduce delays and challenges that make it more complicated and challenging to settle quickly.
How do I Know if It’s Better to Settle or Go to Trial?
When considering all the factors, much of the decision on how much to pay out depends on whether the insurance company believes it can pay less in a settlement than what a judge may order, as well as the potential legal fees associated with the case. Truthfully, if you are in the middle of a commercial truck accident lawsuit, your attorney will likely encourage you to consider some of the same things. However, the decision of whether to settle or go to trial is multifaceted.
Privacy Considerations
In many cases, when you sign a settlement agreement, it may be contingent on a confidentiality agreement. While confidentiality may be a worthwhile tradeoff, consider the benefits of public court records, which may provide greater social accountability than a settlement.
However, you may also consider that all trial documents are part of those public records, which removes your right to privacy as well.
Emotional Distress
The whole settlement and court process is stressful. It can be overwhelming to see medical bills increasing without knowing what will happen with your case. Pursuing your case in court will increase the time required to resolve the situation. It will also require you to attend and possibly participate in the trial, which can add to the stress.
Like privacy considerations, you may feel that the chance of recovery and public accountability is worth the extra time and energy. In contrast, others may want to do almost anything to avoid having the case go to court.
There Is No Right or Wrong Decision
Our clients often ask us for guidance on the right decision regarding whether to settle their case or pursue it in court. The truth is that there is no right decision beyond the factors important to the client. Our team at Munley Law will support our clients in obtaining their goals. We can advise you on how the facts of your case may affect either option, but the final decision is yours.
Call a Munley Law Truck Accident Lawyer to Support Your Goals After a Pennsylvania Truck Accident
If you feel overwhelmed trying to determine what to do, whether that is to pursue a trucking lawsuit and take the driver or company to court or try to settle with a reasonable amount as quickly as possible, Munley Law is here to help. We offer complimentary case consultations that can be scheduled online or by phone, and we bill our cases on a contingency fee basis. It can be overwhelming to navigate this process alone, and you don’t have to. So contact us today.
