After a car accident, life can become a whirlwind of stress, questions, and uncertainty. You may be dealing with physical pain, emotional trauma, mounting medical bills, and a disrupted life. On top of that, you’re likely wondering what comes next when it comes to your accident claim. One of the biggest questions is, “How often do car accident claims go to court?”. For most people, the thought of standing before a judge and jury can make an already challenging time even more overwhelming.
The good news is that most car accident claims are resolved without needing a trial. However, to fully understand what might lie ahead, knowing what determines whether a claim settles or goes to court is essential. A Bakersfield car accident lawyer can walk you through this process step by step, providing clarity and guidance so you can feel more informed and confident about your situation.
The First Step After a Car Accident Claim
Before exploring how often cases go to court, it helps to understand how claims are typically processed. Once you’ve reported the accident to your insurance company, the claims process begins. This involves:
- Gathering Evidence: Photos of the accident scene, police reports, witness statements, and medical records are all part of building a strong case.
- Determining Fault: The insurance adjuster will assess the facts of the case to determine who was at fault.
- Assessing Damage: This includes calculating both your economic damages, like medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.
Once these steps are complete, an offer for compensation may be made. If the other party’s insurance company disputes your claim or offers less than you deserve, negotiations will ensue. Most claims settle during this stage.
But what happens if a settlement can’t be reached? That’s when the possibility of going to court arises.
Settling vs. Going to Court After a Car Accident
It might surprise you to learn that the vast majority of car accident claims never see the inside of a courtroom. In most cases, only a small percentage of personal injury cases proceed to trial. Most are resolved through settlement negotiations, often long before a trial date is even set.
Why Do Most Car Accident Claims Settle?
There are several reasons why settling a car accident claim is the more common outcome:
- Faster Resolution: Trials can take months or even years to resolve. Both parties often prefer the quicker timeline of a settlement.
- Lower Costs: Court fees, expert witness costs, and other expenses can add up during a trial. Insurance companies and plaintiffs alike often find it more cost-effective to settle.
- Certainty: Trials are unpredictable. Settlements offer a guaranteed result, while a jury’s decision may be harder to anticipate.
- Less Stress: For many people, the emotional toll of a trial isn’t worth the potential benefits. Settling avoids public testimony, lengthy litigation, and added anxiety.
When Might a Car Accident Claim Go to Court?
Although most car accident claims settle, there are situations where heading to court becomes necessary:
- Disputed Liability: If the parties involved can’t agree on who was at fault, the case may need to be resolved by a judge or jury.
- Disagreement Over Compensation: The other party’s insurance company might undervalue your claim, particularly when it comes to non-economic damages like pain and suffering.
- Bad Faith Insurance Practices: Sometimes, insurers act in bad faith by failing to properly investigate a claim, denying it without reason, or delaying payment unnecessarily.
What Happens If Your Car Accident Case Goes to Court?
If a settlement can’t be reached, filing a lawsuit might be the next step. While this doesn’t guarantee your case will go to trial (many lawsuits still settle before that point), it’s essential to understand what’s involved in the process.
Car Accident Litigation Process at a Glance
- Filing a Lawsuit: Your car accident attorney will file a legal complaint against the defendant, outlining your claims and the damages you’re seeking.
- Discovery: During this phase, both sides exchange information, including documents, witness lists, and depositions. This process often helps clarify the strengths and weaknesses of each case, which can sometimes lead to a settlement.
- Pre-Trial Motions and Mediation: Before going to trial, the court may require mediation to encourage negotiation. Pre-trial motions may also resolve legal issues before a jury is involved.
- Trial: If mediation or negotiations fail, the case proceeds to trial. Here, both sides present evidence, call witnesses, and make arguments. A judge or jury will then decide the outcome.
Is Court Worth the Risk?
While litigation may sound daunting, there are situations where it’s the best option.
When your car accident claim has been undervalued or denied entirely, pursuing a trial can be the only way to secure fair compensation. The outcome depends heavily on the strength of your case, your car crash attorney’s skill, and the evidence you’ve gathered.
Factors That Impact Whether a Case Settles or Proceeds to Court
Several factors play a role in determining whether your claim might require litigation. While every situation is unique, here are some common considerations:
- Strength of Evidence: Strong evidence supporting your claim increases the likelihood of a favorable settlement.
- Nature and Extent of Injuries: Severe injuries and high-value claims are more likely to face resistance from insurance companies, potentially leading to a court battle.
- Insurance Company Tactics: Insurers are businesses. They often aim to minimize payouts, even when it means pushing claims to court in hopes plaintiffs will accept less.
- Legal Representation: A skilled auto accident attorney can negotiate a better settlement on your behalf, reducing the need for litigation while still securing fair compensation.
Debunking Myths About Car Accident Cases
If you’ve been in a car accident, you might hear advice or assumptions from friends, family, or the internet. Some of it may not be accurate. Here are a few myths worth addressing:
Myth #1: Every Car Accident Claim Goes to Court
Reality: The majority are settled outside of court. Only a small percentage proceed to trial.
Myth #2: Trials Are Unavoidable if Fault Is Disputed
Reality: Even in disputed claims, mediation or arbitration can often resolve the issue without a trial.
Myth #3: Taking a Case to Court Guarantees a Bigger Payout
Reality: While trials have the potential for higher payouts, they also carry risks, including the possibility of losing entirely.
The Role of Expert Witnesses in Car Accident Cases
Expert witnesses can be a game changer in some car accident cases, particularly those involving severe injuries or contested liability. These professionals bring specialized knowledge to help explain complex aspects of your case and clarify issues that might not otherwise be easy to understand for a jury or even a judge.
For example, expert witnesses might include:
- Accident Reconstruction Experts: They analyze evidence from the crash scene, such as skid marks, vehicle damage, and weather conditions, to determine how the accident occurred and who may be at fault.
- Medical Experts: Doctors can testify about the extent of your injuries, your prognosis, and the necessity for future care. Their insights often validate claims for long-term medical costs and pain and suffering.
- Financial Experts: If you’ve suffered lost income or reduced earning capacity due to your injuries, an economist or vocational expert can quantify these losses and explain their significance.
Insurance companies often rely on their own experts, whose job is to challenge or minimize your claims. To level the playing field, it’s vital to have qualified professionals advocating for you as well. But how do you find these experts? That’s where having a lawyer can make all the difference.
How an Experienced Car Accident Lawyer Finds Expert Witnesses
Finding the right expert witness isn’t a simple task, especially for someone who doesn’t have experience in this area. Here’s how your car crash lawyer makes it happen:
- Leveraging Professional Networks: car accident attorneys often have access to a wide network of trusted professionals they’ve worked with before. Over years of handling cases similar to yours, they build relationships with experts they know can provide credible testimony.
- Matching an Expert to the Case: Not every expert is the right fit for every case. A skilled car accident lawyer will evaluate the specifics of your situation, such as the nature of the accident or the injuries involved, and determine what kinds of expertise are necessary.
- Ensuring Credibility: Your lawyer will thoroughly vet any expert witness to confirm their qualifications. This includes checking their professional certifications, educational background, and courtroom experience. A good expert witness must not only have specialized knowledge but also the ability to communicate clearly and persuasively to a jury.
- Negotiating the Terms: Retaining an expert witness often involves negotiation regarding their fees and availability. Your lawyer takes care of all these logistical and financial details, allowing you to focus on your recovery rather than the hiring process.
- Preparing Experts for Trial: Once an expert witness is selected, the lawyer works closely with them to prepare their testimony. This involves reviewing the specifics of your case, ensuring that the expert’s findings are well-documented, and making sure they’re ready to respond to tough cross-examination by the insurance company’s attorneys.
How Emotional Trauma Can Impact Your Claim
The aftermath of a car accident doesn’t always leave visible scars. Emotional trauma is often an understated element of injuries sustained in serious collisions. Conditions like PTSD, anxiety, or depression can significantly alter your quality of life.
However, emotional damages are typically recoverable only when accompanied by physical injury. If you’re seeking compensation for the emotional toll of an accident, you’ll need documentation to support your claim, such as:
- Testimony from therapists or counselors
- Medical records detailing your diagnosis and treatment
- Journals detailing how emotional suffering has disrupted your daily life
Though it may feel daunting to share such personal details, this information can help substantiate your claim and ensure all aspects of your pain and suffering are considered.
How Car Accident Attorneys Help Avoid Court
Having a dedicated personal injury attorney by your side can make all the difference in whether your case settles or goes to court. A skilled attorney will:
- Negotiate with Insurers: Experienced auto accident lawyers know how to counteract lowball offers and push for fair settlements.
- Build a Strong Case: By gathering compelling evidence, your attorney strengthens your position, whether during negotiations or in court.
- Advocate for You: From handling paperwork to representing you at trial, your auto accident lawyer ensures you never face this process alone.
How Often Do Car Accident Claims Go to Court: Closing Thoughts
Every car accident claim is different, and whether yours goes to court depends on various factors. While most claims settle before trial, litigation remains a possibility in some cases. Regardless of the path your claim takes, it’s crucial to have someone experienced and compassionate guiding you through the process.
Talk to an Experienced Car Accident Attorney Today
At the Law Offices of Mickey Fine, we are committed to fighting for the justice you deserve. With over 30 years of experience as a trusted Bakersfield personal injury lawyer, we understand the emotional, physical, and financial toll accidents take. That’s why we’ll oversee every aspect of your case, working diligently to secure the full compensation you need to move forward.
Whether through settlement or trial, we’re here to protect your rights and provide support every step of the way. Contact us today to learn how we can help.