In many car accident cases, there is no need to go to trial. Often a case can be settled with an agreement that provides the victims with appropriate compensation for their losses. Proper settlements conclude a case faster and allow the accident victim to get on with their life in financial security.
But your car accident attorneys should be ready to take your car crash claim to trial if a settlement that meets your needs cannot be reached.
The personal injury and car accident attorneys of Ginarte Gallardo Gonzalez Winograd L.L.P., are experienced and skilled litigators. If your car crash claim is headed for trial, you can trust in the professional legal experience and determination of the Ginarte law firm to conclude the case with a favorable verdict for you.
Having Your Day in Court
If the insurance company refuses to make a full and fair settlement offer in your car crash case, the Ginarte law firm’s legal team will be ready for trial. We will make sure you are thoroughly prepared for trial, as well. We will explain the courtroom and trial process to you so that you know what to expect.
You and the defendant will both have the opportunity to present evidence of your claim and their denial of liability. Much of this will be done by attorneys for each side.
You will have the opportunity to tell your side of the story in sworn testimony. We cannot tell you what to say, but we can help you by going over what you intend to say and the types of questions you can expect from the opposing lawyer.
Most of the trial will not involve your active participation. We will call on expert witnesses to present evidence about your accident, injuries and losses. The defense will call its witnesses, too. The length of your trial will depend on the number of witnesses who testify and how many exhibits are introduced into evidence.
The Jury’s Verdict
When all evidence in your case has been presented, the judge will instruct the jury about certain aspects of the applicable law and ask them to consider the case before them. Eventually, the jury will return with a verdict in your favor or in favor of the defendant.
If the jury’s verdict is in your favor, it will include a recommendation for the amount of damages (compensation) you should be awarded. In most cases, the judge will accept the jury’s recommendation.
Once the jury has rendered a verdict, the damages awarded to you will ideally be paid by the defendant’s insurance company and processed within a few days. The check will be written to Ginarte Gallardo Gonzalez Winograd L.L.P.
The check written to you will reflect a deduction for our legal fees and expenses, which will be detailed. There may also be liens on your judgment from insurance companies that have paid medical bills or other expenses through policies that cover you. These liens will be paid from the proceeds of your legal claim, as well. The remaining amount will be turned over to you.
Sometimes receiving a court award is not automatic. If a defendant has no insurance, additional legal work may be required to obtain a lien on their property or to garnish their wages to gather money you are due.
Either side may appeal the jury’s verdict. An appeal usually focuses on legal mistakes made at trial that violated the appellant’s rights, not on the jury’s decision about right and wrong. We would be ready to act on an appeal by the defendant or to explore the possibility of an appeal for you should the jury return an unfavorable verdict.
An appeal takes the case to the next higher court, which also reopens the possibility of negotiating a settlement or taking your car crash case to trial.
Contact a NY or NJ Car Accident Lawyer About Your Claim
The experienced car accident attorneys at Ginarte Gallardo Gonzalez Winograd L.L.P., can help you get the justice you deserve after an accident in the New York and New Jersey metro area. Ginarte law firm’s legal team has more than 150 years of combined experience protecting the rights of car accident victims and helping them obtain the compensation they deserve.