No, most car accident cases do not go to court. The majority of these cases settle either as insurance claims or after the victim files a lawsuit. Even when the accident survivor files a suit, it’s statistically unlikely the lawsuit will make it to court.
Some car accident cases do go to court. It happens when the two sides involved in the case cannot agree on financial compensation for the victim. They might even disagree about whether the person seeking compensation deserves any. Whether or not your car accident case eventually goes to court, allow a car accident attorney to lead your fight so you can focus on recovery.
Why Most Car Accident Cases Do Not Go to Court
There are several explanations for why the majority of car accident cases settle before the court, which include:
All Parties’ Motivation to Close the Case
In most cases, both parties involved in a car accident case want to resolve it. This includes:
- The accident victim: Car accident survivors often deal with symptoms of post-traumatic stress disorder (PTSD), the rigors of treatment, and many other obligations related and unrelated to their collision and case. The fewer open-ended obligations you have to worry about, the simpler life will become. You likely want a fair settlement and move forward from the accident.
- The accident victim’s lawyer: Car accident attorneys are deeply invested in each case. Lawyers also want to help as many clients as possible. It means that your car accident lawyer has an incentive to get you fair compensation efficiently so they can continue to help others.
- Insurance companies: Insurers dedicate resources to each open claim. The sooner an insurance company closes a claim, the sooner it can put its resources toward another vital use. There is also a benefit in insurance companies knowing what their liability is for a given claim, and that requires resolving that claim.
That being said, an insurance company’s representatives might prolong the process if they believe doing so is to the company’s financial advantage. For instance, if an insurer senses you’re under financial pressure, it may drag its feet to have you cave to a lowball settlement offer.
Generally speaking, though, all sides have at least one reason to resolve a case. Settling is the most efficient resolution.
The Cost of Going to Court
There is a fee simply for filing legal action. This initial fee is just one of several costs you or your legal team may incur when you pursue a trial. You might also face the cost of:
- Your attorney’s time and effort (though personal injury lawyers do not typically charge by the hour, their percentage fee tends to be higher when a case goes to trial)
- Hiring experts, who often play a critical role in car accident-related court cases
- Commissioning exhibits for trial, such as a reconstruction of the collision
Trials occupy more of an attorney’s time, energy, and resources. It is not a bad thing on its own, but it shows one of several costs associated with going to court.
The Risks Associated with a Court Case
When you take a case to trial, you’re potentially betting on an all-or-nothing proposition. Either those responsible for judging your case will award you compensation, or they won’t. It is a substantial risk, even when you have a highly skilled, experienced attorney.
The Fact That Fair Deals Do Happen
Attorneys are generally wary of insurance companies. They have seen far too many insurance companies act in bad faith, engaging in unethical practices to withhold money from the claimant. Yet, the fact remains that fair settlement agreements do happen.
If you receive a fair offer, your lawyer will let you know it’s a fair deal (in their opinion). If the offer is fair, you may be inclined to accept and move on from the case.
Some Cases Don’t Go to Court Because the Victim (Without a Lawyer on Their Side) Accepts a Lowball Offer
This is a cautionary lesson about why a car accident case should not be settled but too often does. Countless accident victims have chosen to settle a case before court because:
- They don’t know the true value of the accident-related damages: If you don’t know the true, precise monetary value of your accident-related damages, you cannot possibly determine if a settlement offer is fair. Accident survivors who accept a settlement without understanding their case value are at serious risk of accepting a lowball offer.
- They are intimidated by the insurance company: It’s only natural to be intimidated by insurance companies. They seem certain of their statements and have handled countless car accident claims. Some insurance representatives can be downright pushy. This helps explain why many accident survivors have accepted settlements that did not cover their damages—they were intimidated into doing so.
- They give in to their financial worries: The cost of car accidents is significant. As survivors see medical bills and other expenses mounting, often as they’re unable to work, they can panic. Accepting a lowball settlement offer may be a quick remedy, but it’s a decision that sets an accident victim up for significant hardship in the future.
- They did not hire a car accident attorney to advise them: Simply hiring a capable car accident lawyer will prevent you from accepting a lowball offer. Your attorney will calculate the exact cost of your damages, evaluate all settlement offers with you, and demand that liable parties pay all the compensation you deserve.
Most accident survivors are in a vulnerable state. Protect yourself. Allow a car accident attorney to negotiate on your behalf. Their intent will not be a quick payday but your long-term financial stability.
Why Your Car Accident Case Might Go to Court
With all this being said, some car accident cases do go to court. Often, the plaintiff has good reason for suing one or more liable parties and taking the case to trial. Such reasons can include:
You and Your Lawyer Are Confident of a Fair Judgment
If you and your attorney feel you have a strong case, this belief may remove some common doubts about going to trial. You might believe that you’ll secure far more compensation at trial than you would receive from a settlement, and this might motivate you and your legal team to go to court.
The At-Fault Motorist Has No Insurance
You may be more likely to file a lawsuit if an at-fault motorist (or another negligent party):
- Has no insurance
- Is underinsured
While you might have uninsured/underinsured (UM/UIM) coverage that helps pay for some accident-related losses, this coverage is not always enough. You may need to seek compensation directly from at-fault parties, and going to court may be the best way.
The At-Fault Party’s Behavior Was Beyond Negligent
You might feel the need to hold an at-fault party directly accountable if their behavior was beyond common negligence. If you feel their wrongdoing was intentional or beyond forgivable, you and your attorney might seek compensation through a court case. Some examples of such egregious action may include:
- Driving while extremely drunk
- Driving under the influence of drugs
- Intentionally striking your vehicle
- Engaging in menacing behavior before or after causing the accident
If the at-fault party has a history of reckless behavior, this can contribute to one’s decision to sue them and take the case to trial.
Liable Insurance Companies Do Not Offer the Compensation You Deserve
A liable insurance company may not offer the compensation you deserve for several reasons, which may include:
- Coverage limits on the policy are less than the cost of your losses
- The insurance company believes you caused the accident
- The insurance company disputes your attorney’s valuation of your losses
- The insurance company is intent on saving money on your claim and is willing to underpay you to achieve that goal
If insurance does not cover your losses, filing a car accident lawsuit and going to trial may become your only path to justice.
No Matter How a Car Accident Case Concludes, a Lawyer Will Pursue the Compensation You Deserve
Whether or not your car accident case ultimately leads to court, having a lawyer on your side will be beneficial because:
- You can focus on your recovery while your attorney takes care of your case.
- Your law firm will provide substantial financial support for your case, which may mean hiring experts and having multiple team members working on your case.
- You get total protection from insurance companies and other liable parties when you retain a car accident attorney.
- You have the ability to take any necessary legal action, including going to trial, when a lawyer is representing you.
Those who try to handle their car accident case alone may find it difficult to recover. Rest is typically necessary to heal, and the demands of your case may prevent you from resting. Let a lawyer assist; they will work urgently to resolve your case.
Responsibilities Your Car Accident Attorney Will Handle for You
Do not underestimate how much time, attention, and resources your car accident case may require. Let a lawyer pursue the compensation you deserve, here are what a lawyer can do for you after a car accident:
- Name the liable parties: Your car accident lawyer will quickly determine who owes you compensation for accident-related damages. Insurance companies, negligent motorists, and motor vehicle owners are among the parties often named in car accident claims and lawsuits.
- Prove negligence: Your lawyer will need to prove the at-fault party’s negligence to prove their fault for your collision. Your legal team will quickly begin securing evidence to make this case.
- Document damages: Your medical records, medical bills, and financial statements will likely help prove the cost of your accident. Your attorney may also enlist multiple experts to prove the cost of the collision.
- Negotiate a settlement: Your lawyer will likely grant liable parties the opportunity to pay you fair compensation. If liable parties engage, your lawyer will make their case as to why you deserve the amount of money they are demanding.
- File suit and take your case to trial: As noted, this step may not occur in your case. It does not happen in the majority of car accident cases. However, a prepared lawyer is always ready for the possibility of trial, and they move forward immediately if this is the course their client wants to pursue.
Your lawyer will not work on your case alone. Car accident attorneys typically have paralegals at their side, assisting with legal paperwork and client service. Your legal team might also hire multiple experts to contribute to your case in various ways.
Damages That Should Be Included in a Car Accident Settlement or Judgment
Car accidents cause two outcomes that personal injury lawyers are most often concerned with:
- Injuries
- Wrongful deaths
Some of the damages often associated with accident injuries are:
- Healthcare costs
- Rehabilitation costs
- Lost earnings
- Diminished earning capacity
- Pain and suffering
- Mental health services
- The cost of medications, medical equipment, and other health-related resources
Vehicle repair costs and temporary transportation are two more economic damages often included in car accident cases.
Some damages associated with wrongful deaths include:
- Grief (and several other types of pain and suffering)
- Grief counseling and other treatments for pain and suffering
- Funeral and burial costs
- Loss of consortium
- Lost financial support
Losing a loved one is tragic. Non-fatal injuries can be devastating, too. Whatever challenges you are coping with, your lawyer will provide the assistance you need and deserve.
Hire Your Car Accident Attorney as Soon as Possible
You should bump “hiring a lawyer” to the top of your priority list. Most states, including Arizona, have deadlines for filing car accident cases. As you now know, you may need to file a lawsuit after your crash, so minding these deadlines is critical.
If you or your loved one has suffered an injury in a car accident, you should hire your personal injury attorney skilled in car accidents as soon as possible. They know when to accept a settlement and when to go to court. They will be your best alley. Call today, waiting can be a mistake you cannot correct, so act now.