The majority of car accident cases are resolved through settlements. A settlement means that a car accident case has been settled outside of court and the terms have been agreed upon by all parties involved. Rather than taking a case to trial, there are advantages to settling a case outside of court:
Advantage #1: Less Risk
California is a pure comparative fault state, which means that in the eyes of the law, both parties could be found negligent or at fault for an accident. If a case is taken to trial, a judge could find the plaintiff more at fault for the accident than previously agreed upon, which would result in less compensation to cover medical bills, lost wages and damages.
Advantage #2: Quicker Payout
There are many factors that need to be accounted for to resolve a car accident case. Each case is unique and takes its own amount of time. However, a case that goes to trial could take months or even years to resolve depending on the circumstances of the case.
In addition, when a case does feel resolved in court, there is a chance that the defendant could appeal the decision, which would result in a lengthier court process.
Advantage #3: Privacy
At trial, you do not get the luxury of privacy after a car accident. Your situation becomes public knowledge. This could include evidence and witness accounts of the accident. Settlements are usually private, so you have more control over the information that is released to the public.
Need a San Jose Car Accident Attorney?
Car accidents are traumatic experiences. If you have been involved in one, you are likely not thinking about the legal burdens that come afterward. The car accident attorney at Law Offices of Braid Pezzaglia guides clients through their legal options after an accident.
Braid Pezzaglia could help you investigate your accident, document damages and negotiate a fair settlement. In the event that a car accident case goes to trial, Braid Pezzaglia fights for his clients in court. Call our office at (408) 752-5834 or fill out our online form to schedule a free initial consultation.