A commercial truck accident can change your life in an instant. Catastrophic injuries like brain trauma and spinal cord damage often have devastating effects. The medical bills can be overwhelming, and the inability to work only compounds the financial strain.
At Finney Injury Law, we understand the issues that arise when a commercial truck strikes a smaller passenger vehicle. Our experienced St. Louis truck accident lawyers are ready to help victims decide whether to settle their case out of court or take it to trial. Knowing the differences between these two options is key to getting the compensation you deserve.
Truck Accident Settlements vs. Trials
When you settle a truck accident claim, you reach an agreement with the trucking company and their insurer to accept a specific amount of money in exchange for dropping your legal case. This out-of-court process is often faster and more predictable than going to trial.
In contrast, taking a case to trial involves presenting your case before a judge (and usually a jury) who will then decide the outcome and potential compensation amount. Trials are public proceedings that typically take longer and have less predictable outcomes than settlements.
Some key differences to consider:
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Timeline. Settlements can often be reached within months, while trials may take a year or more to conclude. This extended timeline can mean a longer wait for much-needed compensation.
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Legal costs. Trials are typically more expensive due to court fees and the additional time involved. However, most truck accident attorneys work on a contingency basis, so these costs generally are only paid if you win your case.
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Privacy. Settlements are private agreements, while trials play out in public court. For accident victims who prefer to keep the details of their case confidential, a settlement may be preferable.
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Control over the outcome. In a settlement, both sides have a say in the final agreement. In a trial, the decision rests in the hands of the judge and jury. Settlements offer more control but potentially less compensation than a successful verdict.
How to Choose Between a Settlement and a Trial
Several aspects of your truck accident case will impact the decision to settle or take the case to court. Your St. Louis truck accident lawyer will carefully review elements like:
- Liability. How clear is the truck driver or trucking company's fault in the crash? Cases with straightforward liability are more likely to settle, while disputed liability often leads to a trial.
- Extent of damages. Catastrophic injury cases with substantial medical bills, lost income, and pain and suffering are more likely to end up in court, as the stakes are higher for both sides.
- Defendant's willingness to negotiate. Some trucking companies and insurers are more open to fair settlements than others. A trial may be necessary if the other side refuses to offer reasonable compensation.
- Your personal preferences. Some accident victims prefer the faster resolution of a settlement, while others feel strongly about having their day in court. Your attorney will guide you, but ultimately respect your decision.
Compensation From Truck Accident Settlements vs. Trials
Truck accident settlements and successful trial verdicts can both result in compensation for:
- Medical expenses, including future treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Loss of enjoyment of life
Settlement amounts are often lower than the award you might receive from a jury, but they also come with less risk. Agreeing to a settlement means guaranteed compensation, while a trial opens up the possibility of losing your case and receiving nothing.
An experienced truck accident lawyer will evaluate the specifics of your case to estimate a fair settlement range. However, an unpredictable jury can affect even the most compelling cases. Your attorney should prepare your case as strongly as possible for trial, while simultaneously pursuing productive settlement negotiations.
How Insurance Companies Impact Your Case
It's important to understand that insurance adjusters often use high-pressure tactics to get truck accident victims to settle quickly and for less than they deserve, such as:
- Contacting you soon after the crash, while you're still recovering and vulnerable
- Asking leading questions to get you to admit fault inadvertently
- Downplaying the severity of your injuries
- Offering a lowball settlement before you know the full extent of your damages
- Implying that you won't get a better outcome if you go to trial
An experienced St. Louis truck accident lawyer can handle all communication with the insurance companies on your behalf. We can counter their strategies and fight for a fair settlement. However, if the insurer refuses to negotiate in good faith, we will be fully prepared to present a compelling case at trial.
How a St. Louis Truck Accident Lawyer Can Help
At Finney Injury Law, we've helped countless Missouri truck accident victims decide between settling and going to trial. We understand every case is unique and provide personalized guidance tailored to your circumstances and goals.
Our St. Louis truck accident lawyers will:
- Thoroughly investigate your crash to gather evidence
- Determine the full extent of your damages
- Assess the strength of your case and the likelihood of success at trial
- Advise you on the pros and cons of each approach as it applies to your unique situation
- Negotiate aggressively with the trucking company and its insurers to pursue a fair settlement
- Present a strong case at trial if a settlement isn't possible
You don't have to face this difficult decision alone. The knowledgeable St. Louis truck accident lawyers at Finney Injury Law are ready to build your case and pursue the compensation you deserve. Together, we'll work to secure the resources you need to rebuild your life.