Will My Pedestrian Accident Claim Go to Court?

Hollywood depictions of the courtroom can make this arena feel like an intimidating space. Between the gavel-swinging judges and aggressive defense attorneys, you are probably willing to do anything to steer clear of a trial. While these on-screen antics are exaggerated, there is no denying that filing a lawsuit is almost always a daunting prospect.

Fortunately, very few personal injury cases go to court, with most claims settled during negotiations. However, that doesn’t mean you might not see the inside of a courtroom.

In this article, we take a look at a few factors that may affect how your pedestrian accident claim unfolds:

The Strength of Your Evidence

Convincing evidence will ensure that you are less likely to face disputes, which might help you avoid delays and save you from having to file a lawsuit. Ultimately, if negotiations stall because disputes cannot be resolved, you may be left with no option but to go to trial to recover fair compensation.

While the evidence you will need will most likely depend on the unique circumstances surrounding the accident, there are a few types of proof that will invariably make an appearance throughout proceedings, such as:

  • Surveillance camera recordings,
  • Accident reports,
  • Dashcam footage,
  • Eyewitness testimony,
  • Expert witness deposition,
  • Photographs of the wreckage,
  • Toxicology reports, and
  • Cell phone records.

The Number of Liable Parties

While naming multiple liable parties in your claim won’t necessarily increase the risks of you going to court, it is an important factor to consider. There’s always the chance these parties might disagree on how liability is apportioned, resulting in a stalemate that only a lawsuit can resolve. Opposing parties might also argue that you are partially liable for your damages because of your actions leading up to the wreck, comments you’ve made on social media or mistakes you made in the days afterward.

The Amount You Are Seeking

You will likely pursue a considerable sum if you suffered a particularly severe injury. Typically, this will incentivize the insurer to commit more resources towards investigating your case as they will want to reduce how much they pay out.

In such situations, you may be placed under surveillance, your social media feeds could be monitored, and the insurance company might consult with various experts to unearth any evidence that could help them minimize their liability. The insurer may also be willing to fight your case in court if they believe you don’t have a strong case.

Discuss Your Case with a Las Vegas Pedestrian Accident Attorney

If you were struck and injured by a negligent or reckless motorist, turn to the legal team at Maier Gutierrez & Associates to find out more about how your case might unfold. We can meet with you as part of a free case review wherein we can assess the merits of your claim, answer your questions, and share some of the strategies we might employ to help you achieve a favorable outcome. Dial 702-629-7900 or head to our Contact Page to request a case evaluation with one of our Nevada pedestrian accident attorneys.