Will my truck accident case go to trial?

Most truck accident claims are settled before they go to a jury trial, but this is not always true.

If you were injured in a truck crash, you are entitled to compensation for your injuries. However, you need to be prepared to fight hard to obtain what you deserve from the insurance company. This could include having your case decided at a jury trial.

Why You May Have to Take Your Case to Trial

Jury Trial Computer Screen With a Gavel and Scales of JusticeBecause of the serious damages caused by truck collisions, the insurance company for the negligent trucker and trucking company may be more reluctant to offer a fair settlement of your claim. Here are three factors that could make it more likely that you would have to take your case to trial:

  • Disputes about liability. If the insurance company disputes who was liable for causing the truck wreck, it is more likely that your case would go to trial. This is frequently an issue in truck accident cases in Virginia because our state follows a harsh contributory negligence rule that would prohibit you from obtaining any damages if you were at all at fault for causing the crash.
  • Serious injuries. If you suffered long-term injuries, which is common in truck accidents, you would be entitled to more compensation for your future expensive medical bills, lost wages, and pain and suffering. The insurance company may fight harder and longer to not pay you the full value of your claim, which could force you to take your case to trial.
  • Wrongful death. If a loved one died in a truck collision, you would need to file a wrongful death claim. Because of the substantial damages you may be entitled to, the insurance company may not be willing to pay you what you deserve. Unfortunately, wrongful death cases are more likely to go to trial because of the high value of these claims.

How to Decide Whether to Take Your Case to Trial

It can be difficult to decide whether to accept a settlement offer from the insurance company that you do not feel fully compensates you or to take your case to a jury trial. You need the help of an experienced truck accident lawyer to help you make this important decision and to fight with the insurance company for the damages you are entitled to under Virginia law. To learn how we can assist you, call our Norfolk office to schedule a free consultation today.