If you have been in a car accident and you have been injured, you already have a personal injury attorney (or car accident lawyer). Your car accident attorney will open a claim with the negligent driver's insurance company. After a few months or so, your medical records including billings will be forwarded to the insurance company along with demand letter from your personal injury lawyer asking for a certain sum of money to settle the case. Ultimately, there may be a few months of going back and forth between your attorney making adjustment to his or her demand and the insurance company similarly making adjustment to their offer to settle. If the case settles, you will sign a release. Insurance checks come in and your attorney will negotiate your medical liens and pays your bills and after attorney fees are paid you receive the remaining sum as your final monetary award.
However, many a times car accident cases fail to settle for variety of different reasons, majority of which are disagreement over the value of the personal injury case. In these situations, your personal injury attorney will file a lawsuit to resolve your case in a court of law or reach a settlement during a mediation process before trial. In the State of California you have a right to jury trial of your personal injury case. Most often, except for a few exceptions, your attorney will ask for a jury trial. Jury trials are mostly preferred by your personal injury attorney with the view that it is better for a group of people, i.e. a jury, from your community with similar life experiences to discuss your injuries and the facts of your case to come to a conclusion as to the value of your car accident personal injury case.
Jury trial can be waived by inaction or expressly. Your personal injury attorney or the trial attorney in your case will make every effort to protect your rights under the law so that you get the maximum possible monetary recovery from your car accident case. If your car accident attorney is not a trial lawyer, he or she will refer your case out to a personal injury trial attorney to try your case before a jury.
There are costs associated with electing to have jury hear your case. Your attorney will advance the jury fees. Electing to have a jury hear your case is always a good idea, since your trial experts (i.e. medical doctors, accident reconstructionist, etc) will explain your case from their respective, and in turn the jurors will apply those learnt concepts to their reasoning in a jury room to come to a decision.
You should always make sure that your personal injury attorney keeps you appraised of the progress of your car accident case. Make sure you hire a trial attorney for your case. Trial attorneys move the case faster by filing a lawsuit as soon as it becomes apparent that the negotiations with the insurance company is fruitless. For more information contact car accident trial attorney Art Majlessi.
The Majlessi Law Firm car accident trial lawyers are available to respond to your questions regarding car accident jury trials. The Majlessi Law Firm is a car accident trial attorney law firm, managed by Senior Trial Lawyer Art Majlessi.
("Legal information found on this page does not constitute legal advice.")