How Often Do Car Accident Cases Go to Court?

If you or a loved one has been injured in a car accident, you may be entitled to financial compensation. This is especially true if the crash was caused by someone else’s negligence. But to some people’s surprise, receiving a payout doesn’t mean you have to go to court. So how often do car accident cases go to court?

The vast majority of these car accident cases are settled by insurance companies before they wind up in front of a judge and jury. That’s because it’s expensive to take a case to trial and insurance companies know that paying you a settlement is often less costly.

Beyond expense, here are some additional reasons that most accident cases don’t go to trial:

• It takes much longer to go to trial (sometimes years) than to settle.
• A plaintiff receives payment faster if they settle.
• Trials are unpredictable and a plaintiff risks receiving nothing.
• Insurance companies want to settle.
• Plaintiff’s attorneys can’t take every case to trial.
• A quick settlement allows a plaintiff to get on with their lives.

If you’ve been injured and want to know whether you have a legal claim, the first thing to do is talk to a skilled Mobile, AL, car accident lawyer.

An experienced attorney at Caldwell Wenzel & Asthana can assess the facts in your case and advise you about the likelihood of a payout. For a free initial consultation, call us at (251) 444-7000.

Important Elements That Affect How Often Car Accident Cases Go to Trial

Each car accident case is unique, with its own set of circumstances that determine whether it will be among the small percentage that proceeds to court. There are many elements that affect how often car accident cases go to trial. Some of these include:

• Who was at fault?
• How severe are your injuries?
• How willing is the other side to negotiate?
• Is the other side negotiating in good faith?
• How strong is your case?
• How strong is your opponent’s case?
• What financial settlement is the other side offering?
• How many defendants are there?
• How much risk does a plaintiff want to take on?
• Is your attorney a skilled litigator?

Because every case is different based on the facts and the people involved, it is hard to make generalizations about which cases go to trial and which don’t. What’s important is that you have an aggressive, persuasive lawyer who will fight hard for you and who is willing to take a case to trial if necessary.

Why Do Car Accident Cases Go to Court?

Determining the Likelihood That a Car Accident Case Will Go to Trial

There are a handful of reasons that a car accident case may go to court. They include the following:

When Insurance Companies Won’t Play Fair

If an insurance company refuses to negotiate or repeatedly low-balls their offers, then it may be necessary to go to court to get a fair payout.

The All-or-Nothing Risk of Trial

Some plaintiffs believe that they will always get more money if they go to trial. This may or may not be true. Litigation is sometimes an all-or-nothing proposition. A plaintiff could either win or lose at trial. So, there’s risk involved.

When Severe Injuries Demand Greater Compensation

Sometimes, the evidence is so overwhelming and the plaintiff’s injuries are so severe that a court will almost certainly provide a higher award than the settlement offered by the defendant. In very powerful claims – often involving wrongful death and extreme negligence — a judge can award actual and punitive damages, which can result in millions of dollars in a jury award. But these cases tend to be rare.

Even if your case is among the small percentage that does go to court, understanding the process can help reduce anxiety about what to expect.

While most car accident claims settle without going to court, having an attorney who is prepared to take your case to trial often results in better settlement offers.

What Causes Some Plaintiffs Not to Receive a Settlement?

Not every accident claim is winnable. An attorney has to assess the facts in each case and advise clients about the likelihood of a successful financial settlement. Some things that make a settlement unlikely include:

Lack of Evidence for Fault

A plaintiff may not have enough proof to show that the defendant was at fault for the accident. If you caused the accident and that is undisputable, then it’s very hard to get an insurance company to offer a settlement.

Minimal Injuries and Damages

You suffered only mild scratches and bruises and little or no property damage. Insurance companies are less likely to offer a settlement if you didn’t experience significant damages.

Attempting Self-Representation

It’s always a bad idea to try to represent yourself in legal claims. The other side will have experienced lawyers representing them, and they know the law much better than accident victims.

Missing the Legal Deadline

Another factor that can impact settlement likelihood is the statute of limitations. In Alabama, you generally have two years from the date of the accident to file a lawsuit. Missing this deadline can result in losing your right to compensation.

How Car Accident Claims Are Settled

How Do You Get the Money You Need to Settle Your Bills?

Knowing what happens after your accident helps you understand what to expect. The settlement process usually follows these steps:

1. Your attorney sends a demand letter showing your damages.
2. The insurance company makes an initial offer.
3. The offer is often low, so negotiation begins, and counteroffers are exchanged.
4. When both parties reach an agreement, you sign release forms and receive your payment.
5. If you can’t reach an agreement, your attorney might recommend filing a lawsuit.

You should note that filing a lawsuit doesn’t necessarily mean your case will go to trial. In fact, many cases settle during the litigation process before the actual trial begins.

Common Causes of Car Accidents

Car accidents can be caused by many factors, some human and others environmental. Following are some of the most common causes:

Human Error

Whether it’s failing to yield the right of way, running a red light or swerving into another lane, negligent driving often causes accidents.

Intoxicated Driver

If one or more drivers has been drinking alcohol or using drugs, this can cause impaired or dangerous driving.

Distracted Driving

A driver who is texting, talking on a cell phone, listening to loud music, or talking to other passengers can be distracted and drive carelessly. In fact, drivers who use a mobile phone while driving are 9.4 times more likely to be involved in a crash compared to those who do not.

Long Hours, Fatigue or Sleepiness.

A driver who is tired or falls asleep at the wheel can cause accidents. Truckers who exceed federal guidelines about how many hours they can drive in a day are a danger on the road. In such cases, consulting an Alabama truck accident lawyer can provide crucial guidance and support for navigating the aftermath of these dangerous situations.

Inclement Weather

Snow, sleet, rain or other dangerous weather can cause roadway accidents even when a driver is being cautious.

Poor Road Conditions

Potholes, gravel shoulders, defective road signs, failing bridges, and substandard asphalt can cause vehicle accidents.

Common Injuries in Car Accidents

Car accidents are dangerous and often result in multiple injuries, including the following:

• Neck injuries
• Back injuries
• Whiplash
• Cuts and abrasions
• Traumatic brain injuries (TBI)
• Broken bones
• Internal injuries and bleeding
• Extreme fear, trauma, depression and mental difficulties
• Amputations
• Paralysis
• Wrongful death.

It’s important to get immediate medical attention after a car accident. Even if you think you are not hurt that badly, it’s better to be safe than sorry. Also, going to a doctor or emergency room will make sure that you have medical tests, X-rays and other treatments that can later be used to document and prove your legal claim.

It should be noted that cases involving serious injuries like TBI or spinal damage are more complex and may require longer negotiations, though they still are likely to settle without trial. The settlement value often depends on the long-term impact of these injuries on your ability to work and the quality of life you may expect.

Being Prepared if You Have to Go to Trial

Even though most cases settle, you should always be prepared for the possibility of trial:

• Maintain detailed records of all accident-related expenses and medical treatment.
• Follow medical advice and attend all appointments to document your recovery process.
• Limit social media activity that could be used against you.
• Be honest and transparent with your attorney about all aspects of your case.
• Understand the timeline and be patient with the legal process.
• Consider the emotional impact of testifying and prepare accordingly.

Your attorney will guide you through trial preparation if your case reaches that stage.

What Should I Do Immediately After a Car Accident?

Protect Yourself When Every Second Counts

If you’ve been injured in a car accident, here are the steps you should take:

• Get medical attention right away. Your health is critical, and you want to make sure you receive treatment.
• Call 911 and request that police respond to the scene.
• Exchange driver’s license and insurance information with the other driver.
• Say as little as possible to the other driver and DO NOT acknowledge fault or try to explain yourself.
• Get the names and contact information of any bystanders and eyewitnesses to the accident.
• If you’re able, use your cell phone camera to take pictures of your injuries, the damage to your vehicle and the accident scene. Be sure to photograph any skid marks, poor road conditions, or roadway debris.
• Get the name and badge number of the police officer.
• Call an experienced car accident lawyer promptly.

These steps strengthen your legal position should your case be among the few that need to proceed to court. Documentation collected at the scene usually proves invaluable during settlement negotiations.

Having skilled legal representation significantly impacts both settlement amounts and trial outcomes in car accident cases.

Car Accident Cases Are Changing

If you’re wondering How often do car accident cases go to court? the answer is not very often. In fact, the U.S. Department of Justice says only about 4% to 5% of personal injury cases go all the way to trial. However, the way car accident cases are handled in court is changing, with some of the following developments.

More Cases Are Tried Online

Many courts now let you attend hearings online. This saves you time and money since you don’t have to travel to court.

There’s Better Technology When Analyzing Evidence

New computer programs can show exactly how accidents happened. Doctors also have better ways to explain injuries. These tools help prove your case during settlement talks or in court.

More People Are Settling Through Mediation

Courts now often require mediation before trial. Mediation is when a neutral party comes in and tries to help both parties reach a mutual agreement. Resolving issues in mediation reduces the number of cases that go to trial.

The Settlement Amounts Are Higher

The money people receive in settlements has gone up in recent years, mostly attributed to a rise in medical costs and other expenses.

A Skilled Accident Attorney Makes All the Difference

Not all attorneys are created equal. We all know that. If you or a loved one has been injured in a car accident, you want to make sure you have the smartest and most aggressive attorney on your side. You want a lawyer who is all in and is committed to your success. This describes the car accident attorneys at Caldwell Wenzel & Asthana.

We get ready for every case like we’re going to court, even though most cases settle. This makes insurance companies offer more money because they know we’ll fight for you if needed. With the right lawyer, getting the money you deserve is usually a matter of skilled negotiation out of court.

If you’ve been injured in a car accident, call our experienced team at Caldwell Wenzel & Asthana at (251) 444-7000 for a free consultation about your legal options.