Car accident cases don’t go right to trial. Instead, there’s a lengthy legal process that precedes trial, including private settlement negotiations between the parties, formally filing a lawsuit with the court, discovery, pre-trial motions, and then more negotiations. Sometimes parties go to arbitration to avoid the time and expense of going to trial, too. If and when settlement negotiations are unsuccessful, for whatever reason, your car accident case will go to trial.
There are a lot of reasons why your car accident case might not settle, and it might then be necessary to bring your case to a jury. Our personal injury attorneys break down five of the most common reasons why car accident cases move to the trial phase.
5 Things That Can Impact Whether Your Car Accident Case Goes to Court
Liability For the Crash is Disputed or Unclear
In order to win your car accident case and get compensation, you’ll usually have to prove that someone else is liable for your injuries. Liability is often based on negligence. To prove negligence, you have to show that the defendant breached a duty of care that was owed to you and that their actions caused the car accident in which you were injured.
The at-fault party and their insurance company (assuming you live in a fault-based state) won’t rush to admit fault or accept responsibility for your crash. Instead, the insurance adjuster will try to find reasons to deny liability. This might involve disputing the validity or strength of evidence, finding evidence that contradicts your claims, or bringing in experts whose opinions on the matter make liability less clear.
If the insurance company disputes liability, they’ll deny the claim or potentially offer a very low settlement offer to put an end to your claim. When this happens, it can be necessary to bring your car accident lawsuit to trial so that a jury can consider your claim and make a determination on liability.
You’re Being Blamed For the Car Accident
Victim-blaming tactics are fairly common in car accident litigation. Insurance adjusters and defense attorneys attempt to turn the tables on the plaintiff by arguing that the plaintiff is either wholly or partly responsible for a car accident.
While states handle comparative and/or contributory fault differently, sharing responsibility for a car accident will always impact your ability to get compensation. Depending on where you live, it can bar a recovery entirely or cause a significant reduction in damages. So, it’s important to make sure that liability is apportioned accurately before your car accident case is resolved. Sharing 20 percent of the blame for a car accident vs. sharing 60 percent of the blame for a car accident has significantly different outcomes on recovery.
When there are disagreements about how much, if any, responsibility you, the plaintiff, share for your car accident, it can prevent settlement talks from moving forward. While trials can be time-consuming, expensive, and stressful, they can also help to ensure that shared fault is evaluated properly and that you’re ultimately awarded the maximum compensation you deserve under the law.
There Are Genuine Disputes Regarding the Claim’s Value
The at-fault party’s insurance company doesn’t want to pay you anything after a car accident. So, adjusters will work hard to minimize your claim’s value and get you to accept a low sum during settlement negotiations. They use sophisticated programs and systems to calculate the lowest possible value for claims.
When you know your case is worth more than what the insurance company has offered, but they refuse to budge during negotiations, going to trial can be the only way to leverage the kind of financial award you deserve.
The Insurance Company Engages in Bad Faith Practices
Even though insurance companies are bound to consider claims for insurance benefits in good faith – honestly and with the intent to fulfil the terms of the policy – not all adjusters play by the rules. There are a lot of different ways insurance adjusters can bend the rules, manipulate the claims process, and work to deny and/or undervalue car accident cases.
When an insurance company engages in bad faith practices and refuses to negotiate fairly, going to trial can be the best way to force their hand. In addition to getting the underlying value of your car accident claim, you can potentially get additional compensation if you can prove that the insurance company intentionally engaged in bad faith practices while handling your claim.
Whether You’ve Hired a Car Accident Attorney to Handle Your Case
It might seem counterintuitive, but one of the best ways to avoid going to court is by hiring an experienced and respected trial attorney to handle your car accident case. When you hire a litigator with a proven track record of success, the insurance company will take note.
They’ll know that their usual tactics and strategies based on fear and manipulation won’t work. Instead, they’ll have to make a reasonable settlement offer or risk going up against your skilled legal advocate in court. Many times, this can force the insurance company’s hand and leverage better (and quicker) settlements than trying to pursue a claim on your own.
Most Car Accident Lawsuits Are Settled Without a Trial
It’s true – most car accident cases are settled without the need for a trial. Some are settled during a trial when it becomes clear that one party is probably going to win. Settlements are ideal because they’re still within your control and can significantly cut down on how long it takes for you to get compensation in your hands.
Trials can take years. However, there are times when car accident lawsuits are complex enough, or insurance companies are stubborn enough, that it just makes sense to go to court. In these situations, the benefits of taking your car accident lawsuit can outweigh the risks, and often be the difference between recovering a few thousand dollars and millions.
Singleton Schreiber Wins Car Accident Lawsuit Inside and Outside of the Courtroom
At Singleton Schreiber, we always handle car accident cases as if we’re going to trial. We put in the hard work, preparation, and resources to build a strong claim that should leverage a top-dollar settlement. If the insurance company refuses to make you a fair offer, we’ll be more than ready to bring your case to a jury, where our battle-tested car accident attorneys have helped clients win millions.
Contact our law office to discuss your car accident case and learn about how we can help you fight for a maximum recovery. Your first consultation is free.