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Do You Have to Go to Court for a Truck Accident?

Home » FAQ Morelli Law » Truck Accidents » Do You Have to Go to Court for a Truck Accident?

car and truck on fire after an accident

The majority of truck accident lawsuits never see a courtroom. It is generally in the best interest of all parties involved to settle the lawsuit out of court. However, just because you get offered a settlement, that doesn’t mean you should take it. Negotiating a fair settlement deal is complex, and attempting to do it on your own will likely leave you with far less money than you need.

Hiring an experienced truck accident attorney is the best way to ensure you get the money you deserve after an accident. At the Morelli Law Firm, we have a history of obtaining large settlement packages for our truck accident clients.

The Pros and Cons of Settling

There are many benefits to settling your truck accident lawsuit out of court. The clearest bonus of reaching a settlement deal is that you can potentially close your case in a fraction of the time it would take to obtain a court decision. This can help greatly when you have bills piling up, and your financial situation is looking dire.

Another plus is that you may not have to pay as much in legal fees. While you don’t have to worry about billable hours with personal injury lawyers, since most work on a contingency fee basis, there is still the potential to save money if your case settles out of court.

Truck accident lawyers get paid as a percentage of your final compensation package. The percentage they receive is often higher if they have to argue your case in court than it is if they are able to reach a settlement agreement.

The only real drawback of taking a settlement deal is that there is always the potential to receive more money at trial. However, the risk is often not worth the reward as a courtroom trial could also result in you missing out on compensation altogether if the ruling is not in your favor.

Large Trucking Companies Have Highly Paid Lawyers

Whether you are hoping to settle or want to fight your case in court, it is important to remember that large trucking companies tend to have high-priced legal teams on retainer for fighting accident lawsuits.

With the years of experience and strong financial backing that these attorneys have, it can be nearly impossible to take them on without a skilled legal professional of your own. These lawyers know all the ins and outs of truck accident cases and have a whole bag of tricks they will use against you.

They will attempt to undervalue your claim and get you to agree to a settlement deal that is far below what your case is worth. Fortunately, by hiring an experienced truck accident lawyer of your own, you can level the playing field. Your lawyer will be well aware of all the tricks the opposition will attempt to use against you and will know how to counteract them.

Always Be Prepared to Go to Court

While it might be in your best interest to settle out of court, you should always be prepared to take your case to trial. If the legal counsel for the liable party knows that you have no intention of battling it out in the courtroom, they will be in a highly advantageous position. They will be able to stick to a lowball offer, knowing that eventually, you will come down to meet them.

If you are willing and prepared to go to court, on the other hand, they will be forced to raise their offer. Remember, the opposition benefits by avoiding court even more than you do. Their lawyers do not work on a contingency fee basis, so every day that passes without a deal being struck means that they are losing more and more money.

Additionally, settling a case quickly and quietly will help a large company avoid the negative press that often accompanies a courtroom trial. By being ready to go to court, you keep the pressure on the opposition rather than the other way around. Most of the time, you will still end up avoiding the courtroom while receiving a much higher settlement deal.

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