Car accidents are an unfortunate reality of life, and in most cases, they are resolved through insurance claims without ever making it to the courtroom. However, some car accident claims do end up in court when disputes arise over liability, damages, or insurance coverage.
While most personal injury claims settle before trial, certain circumstances force claimants and defendants to litigate their cases before a judge or jury. Going to court can seem stressful and overwhelming, but with the right legal advocate on your side, it doesn’t have to be.
If you’re involved in an auto collision, seek legal help. A skilled Santa Barbara car accident attorney can handle your claim from start to finish and fiercely represent your best interests if your case ends up in the courtroom.
How Often Do Car Accident Cases End Up in Court?
The vast majority of car accident claims do not proceed to trial. Statistics indicate that only about 5 percent of personal injury claims, including car accident cases, end up in court. It means roughly 95 percent of claims are settled out of court through negotiations between attorneys, claimants, and insurance companies.
Despite this low percentage, car accident lawsuits still occur when parties cannot reach an agreement on liability, compensation, or insurance coverage. When these lawsuits cannot be resolved with a fair settlement, they end up before a judge in court.
Common Reasons Why Car Accident Cases Go to Court
Several factors contribute to why some car accident cases proceed to trial rather than settling beforehand. Some of the most common reasons include the following:
- Disputed liability: Insurance companies may refuse to accept that their policyholder was at fault, leading to a legal dispute.
- Insufficient settlement offers: The insurance company may offer a low settlement that does not fully compensate the injured party for medical bills, lost earnings, and pain and suffering. Even with negotiations, these offers may not significantly improve.
- Severe or permanent injuries: High-value claims involving catastrophic injuries often lead to lawsuits because insurers hesitate to pay large settlements. Also, some cases may require filing a lawsuit, as damages far exceed what’s available solely through insurance.
- Bad faith insurance practices: Sometimes, insurance companies act in bad faith. Legal action may be necessary if an insurer denies a legitimate claim or unreasonably delays payments.
- Multiple defendants: Cases involving multiple parties, as often seen in cases such as commercial vehicle accidents, can lead to litigation due to the complexity of liability issues.
No matter the reason, if your car accident attorney believes filing a lawsuit and taking your case to court is the best move, they will indicate such. You can trust that your lawyer will do everything to resolve your case as quickly as possible, but sometimes, the plan involves the courtroom.
The Process: How Car Accident Claims End Up in Court
So, how do car accident claims end up in court anyway? Every case is unique, meaning the path toward compensation varies. Still, many car accident cases start the same way: with an insurance claim.
In many cases, an insurance claim is all that’s needed to obtain adequate compensation. However, if the insurance company isn’t willing to settle or denies your otherwise valid claim, you can be looking at filing a lawsuit, which may or may not go to court.
Generally, car accident cases end up in court after going through the following phases:
Filing an Insurance Claim
The first step after a car accident is often filing a claim with the at-fault party’s insurance company. The insurance adjuster reviews evidence such as police reports, witness statements, and medical records to determine liability and compensation.
Based on their investigation, the adjuster decides whether to approve or deny the insurance claim. If the claim is approved, the insurance company offers to settle and resolve it.
Settlement Negotiations
Because insurance companies regularly try to lowball and offer less than a claim is worth, the personal injury attorney may need to step in and negotiate a settlement. Negotiations require back-and-forth communication with the insurance company to try to get to an agreement for a fair amount.
Many claims are resolved at this stage, but further legal action may be necessary if the insurer refuses to offer just compensation.
Filing a Personal Injury Lawsuit
The injured party and their attorney can file a personal injury lawsuit if settlement talks fail. The lawsuit officially involves the courts and begins the litigation process, and both parties handle the case in preparation for court proceedings.
A car accident attorney handles initiating the lawsuit, which involves filing the claim in court. Once this is complete, the opposing party is notified and must file an answer to your claim within a specified time. After the answer is filed with the court, the case can proceed.
Discovery Phase
The discovery phase is one of the most critical parts of the litigation process. During discovery, both sides exchange evidence, depose witnesses, and gather expert testimony to build their cases. This phase allows both parties to assess the strengths and weaknesses of their arguments and build their cases.
Depending on the case’s complexity, the discovery phase can be the most time-consuming part of a lawsuit. Still, you can trust that your attorney is working to do what’s necessary to strengthen your case during this time.
Mediation and Further Settlement Attempts
Even after a lawsuit is filed, most cases still settle before trial. Mediation, a process where a neutral third party facilitates negotiations, is often used to reach a resolution. The court may order mediation, or the parties themselves may request to go to mediation to try to settle the case.
Many personal injury cases, like car accident cases, settle during this time, after discovery but before going to trial.
Going to Trial
If all settlement efforts fail and your attorney agrees it is time to move on, the case proceeds to trial. A judge or jury will hear arguments, evaluate evidence, and determine liability and damages.
Trials can be unpredictable, time-consuming, and costly, so most parties prefer to settle beforehand. Nonetheless, based on how the case proceeds, sometimes going to trial is the best option to get victims the compensation they deserve.
How Trial Works in Car Accident Cases
One of the biggest issues with going to trial for car accident victims is fear of the unknown. However, the process can seem less daunting if you know what to expect and trust your car accident attorney.
A car accident trial generally follows a structured process, including:
- Jury selection (if applicable): If necessary, the trial process starts by choosing a jury. Some cases are only presented in front of a judge.
- Opening statements: Both attorneys begin by presenting their case summaries to the court, helping the judge and jury understand some background and what they should expect to hear during the trial.
- Presentation of evidence: Witnesses testify, experts provide opinions, and documents such as accident reports and medical records are presented. This phase can be long, especially for more involved cases.
- Cross-examination: Attorneys are allowed to challenge the opposing side’s witnesses and evidence, helping bolster their cases.
- Closing arguments: Each side delivers a final argument summarizing their case. This is the attorneys’ final chance to convince the judge or jury to find for their client.
- Jury deliberation and verdict: The jury (or judge in a bench trial) deliberates and renders a verdict on liability and damages.
Your car accident attorney will be with you every step of the way, providing guidance and support while protecting your rights and proficiently presenting your case.
The Importance of Hiring a Car Accident Attorney
Navigating a car accident claim can be complex, particularly when insurance companies attempt to minimize payouts. An experienced car accident attorney provides several benefits, such as:
- Negotiation power: Lawyers know how to handle insurance companies and fight for fair settlements. They have experienced negotiators who won’t back down from any challenge.
- Legal knowledge: Attorneys who regularly handle car accident cases understand personal injury laws and procedural requirements, giving you a great advantage.
- Gathering evidence: Lawyers collect pertinent evidence and documentation, such as medical records, police reports, and expert testimony, and know how to utilize it to strengthen claims.
- Trial preparation: If a case goes to court, an attorney will build a strong argument and advocate for maximum compensation.
- Contingency fee arrangement: Many car accident lawyers work on a contingency basis, meaning clients only pay if they win their case. It helps ensure clients have legal representation without worrying about high upfront costs.
A seasoned car accident lawyer puts you in the most favorable position, especially if your case goes to trial. Hiring a lawyer not only ensures your case is in the right hands but also allows you to focus your energy on your physical and mental healing, especially if you’re faced with serious, life-changing injuries.
How Do I Know Whether I Need Legal Help Following a Car Accident?
As a rule of thumb, consulting with a knowledgeable attorney after a car accident is generally a good idea. Sometimes, you may not think you need legal assistance, but lawyers are trained to see things victims may not see and recognize when complications and potential court proceedings may arise.
Although discussing your case with a lawyer is usually recommended, the following situations often require hiring a legal representative, as they can eventually lead to the courtroom:
- Severe injuries or fatalities: If you or a loved one suffered serious injuries or if the accident resulted in a fatality, legal representation is vital to securing compensation for present and future needs.
- Fault is contested: Fault is a key component of accident cases. When fault for the accident is unclear or disputed, an attorney can gather evidence, interview witnesses, and work with experts to prove liability.
- Dealing with insurance companies: Handling claims with insurance companies can be exhausting in and of itself. Insurers often employ tactics to limit liability or minimize payouts. A lawyer can protect your rights and interests throughout your claim and ensure the insurance company is unable to take advantage of you or your situation.
- Uninsured or underinsured motorists: If the at-fault driver lacks sufficient insurance or doesn’t have insurance, this can add a layer of complication to the case. A lawyer can help navigate your policy’s uninsured/underinsured motorist coverage and ensure you can get the compensation you need through an insurance claim or a lawsuit.
- Complex, multi-vehicle accidents: Accidents involving two vehicles can be complicated, but collisions involving multiple cars can create legal challenges, especially in determining liability and securing compensation for multiple parties.
- Permanent disability or long-term impacts: If the accident causes a life-altering injury, such as paralysis or traumatic brain injury, an attorney can calculate the long-term costs and ensure you receive adequate financial support.
An experienced car accident attorney is the best resource after a collision. They are equipped to provide quality advice and insight into your case and determine how to get you a full and fair financial recovery. After a car accident, do not hesitate to consult with a lawyer in your area.
After a Car Accident, Seek Legal Guidance Right Away to Get Started on Your Case
Consulting an attorney is essential if you have been involved in a car accident. Legal deadlines, known as statutes of limitations, restrict how long you have to file a claim. Additionally, early legal intervention increases the likelihood of securing key evidence and building a strong case.
Do not risk handling your car accident claim alone. Contact an experienced car accident lawyer as soon as possible to ensure you receive the justice and compensation you deserve. With their knowledge of local and state laws, and their invaluable experience, they will handle the legal aspects and you can focus on your recovery.
Finding the right car accident attorney for your case can be a vital step towards obtaining the compensation you deserve. Don't hesitate to reach out and schedule a free consultation with a Santa Barbara personal injury attorney today.
