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The Hart Law Firm

Will I have to go to court in my case for compensation against the drunk driver who caused my injuries?

drunk driving injury claims don't often go to trialOne reason you may be reluctant to file a claim for compensation after suffering injuries in a car wreck caused by a drunk driver may be fears about going to court. It may be frightening to think of testifying at a trial and emotionally draining to relive the experiences of the wreck. However, you should not let the fear of a trial stop you from filing a claim. The reality is that it is unlikely that you will need to take your case to trial to receive the full value of your claim.

Reasons Why Drunk Driving Injury Claims Rarely Go to Trial

While it is likely that your case will be settled rather than decided at a trial, this does not mean that your case will not go to court. If the insurance company will not offer a reasonable settlement, your experienced drunk driving wreck attorney will need to file a civil lawsuit on your behalf and litigate your case. This is not uncommon. However, in most cases, the insurance company will become more reasonable in its settlement offers before a trial date. Here are some reasons why it is unlikely that you will have to take your case to jury trial:

  • Uncertainty of verdict. For both you and the insurance company, there is uncertainty about what will happen if a jury decides the case. There is no guarantee what a jury would do even if you have a strong case against the negligent driver. The insurance company knows that it could be required to pay you even more in a jury trial than in settlement. The uncertainty of the outcome often results in the parties to a drunk driving case reaching a settlement, and you probably will too.
  • Expense. The cost of depositions, paying expert witnesses, and trial preparation are extremely expensive. By reaching a fair settlement, you and the insurance company can control the costs and the outcome of your claim. This can make it more beneficial for both sides to reach an agreement.
  • Value of your claim. An experienced attorney who has a track record of success in settling and trying these cases will know the value of your claim as will the insurance adjuster for the negligent drunk driver. While there may be disputes about liability or the severity of your injuries, an understanding of what your claim is worth by both sides will help your case be settled either before or during litigation.

If you or a loved one suffered injuries in a drunk driving wreck, you need to hold the negligent driver accountable. While our experienced legal team settles many of these cases, we are not afraid to take a case to trial if the insurance company will not offer a reasonable settlement. To learn how we can assist you in obtaining the compensation you deserve contact us online or call us directly at 817.380.4888 to schedule a free, no-obligation consultation.

We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.

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