All those affected by a failed settlement would have reason to prepare for the scheduling of a trial. The chances for that happening would depend on the existence or absence of specific factors.
The absence of what factors would increase chances of a trial?
The absence of a settlement: That could be the result of a stalemate that was created during the negotiations. Maybe the adjuster had insisted on reducing the demanded compensation, and had alleged the existence of shared blame. Perhaps the claimant had refused to go along with the adjuster’s request.
The absence of a verification of the fact that the 2 sides had agreed on compensation terms: Either side could have chosen to reject those terms.
The absence of a signed release: A claimant could hasten the initiation of litigation by refusing to provide the insurance company with a signed release form.
The absence of proof for the defendant’s negligence in the filed complaint
On what factors must claimants rely, when seeking to prove a defendant’s negligence?
• On the existence of supportive witness statements
• On the availability of supportive facts in the victim’s medical report
• On the availability of a pain journal or diary
The existence of what factors would decrease the chances for a trial?
The existence of hesitancy on the part of the claimant: Not all claimants are eager to face the opponent in a courtroom, if the negotiations do not go smoothly.
The existence of support from the judge, if the defendant were to move for a dismissal of the allegations that had come from the claimant
A willingness by both parties to settle their differences, perhaps after the revelation of specific evidence, during the discovery session
Principle features of a car accident trial: The decision could come from a single judge or from a jury
The plaintiff must satisfy the demand for satisfaction of the burden of proof, as per personal injury in Burlington.
How could the plaintiff produce the burden of proof?
He or she would need to show that a preponderance of the evidence provided support for 2 claims: The defendant had been negligent and that had caused the plaintiff’s injury
What elements would be proof of the defendant’s negligence?
• An element that demonstrated a duty of care on the defendant’s part: Moreover, that care should have been directed at the plaintiff.
• An element that demonstrated a breaching of duty by the defendant
• An element that linked the breaching of duty to the actions that caused the plaintiff’s injury
• An element that showed the creation of a measurable loss for the plaintiff, as a result of the actions that had been taken by the defendant
• In the absence of those elements, negligence would remain unproven.
