What are the Chances of a Car Accident Case Going to Trial?

When you’ve been injured in a car accident, there are many changes to your life that are difficult to deal with. Some of these changes, like filing an accident claim, can be quite stressful when you’re trying to recover from your injuries. At the same time, you know that fast and decisive action is the key to receiving compensation and covering your medical bills, lost wages, and other monetary losses.

In a perfect world, your case will settle quickly so that you can move forward with your life. Of course, that requires the insurance company making you a great offer right away, which is unlikely. But what if you’ve been negotiating with the insurer for months – maybe over a year – and you still have nothing to show for it? At this point, you may find yourself asking, “What are my chances of going to court if we can’t reach a settlement?”

For the most part, cases are settled without the need for a trial, though how long it takes to get there is different for each and every case. To get a better picture of the settlement process for a car accident claim in California, contact the offices of Normandie Law Firm. Our lawyers are here for you if you need information on the following topics:

• What are the chances of my case going to trial if we don’t settle out of court?

• Is taking my case to trial the only option if it doesn’t settle in mediation?

• Is it better to take my chances in court if they have accepted fault for the accident?

• Can my lawyer force me to settle before going to trial?

How Many Car Accident Cases End Up in Court?

The chances of your case proceeding to a trial depend on the legal issues that are in dispute and the strength or weakness of the available evidence. No matter what, you should always strive to reach a settlement whenever possible, and this is certainly our goal when we set out to represent a client. Of all the claims we handle, less than 5% go to trial. Even if we ask for a trial, there’s a very good chance of the case being settled before the trial date. Of course, if it doesn’t settle before the scheduled hearing, we will have no choice but to argue your case in front of a jury.

Ultimately, it’s more than likely that the insurance company will agree to a favorable settlement if you have a reasonably strong case. As we’ve mentioned, the chance of a case being tried in court is less than 5%, which is frankly in everyone’s best interest, as the trial process is incredibly expensive and time-consuming.

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Should I Settle or Go to Trial?

The answer to this question is different for each accident victim. An experienced California car accident lawyer is your best source of information, as they are familiar with the pros and cons of taking a case to trial. In addition, they understand the strength of evidence that’s needed to win over a jury.

Many people get anxious about the possibility of a trial early on in their case. For example, we are frequently asked, “How likely is it that my case will go to trial if it doesn’t resolve with a demand letter?”

First, it’s important to understand that the legal process involves multiple stages. The first step is to file an auto accident claim with the other driver’s insurance company, and maybe your own. This will depend on the terms of your insurance policy and who is at fault for the accident. Even before you file a claim, your lawyer will investigate the accident, gather the necessary evidence, and perhaps consult various experts to determine who is at fault. This process will help your lawyer figure out the value of your case, i.e., how much compensation you are entitled to from a car accident injury claim.

Once you file the claim along with a demand letter for monetary damages, you will most likely engage in a series of back-and-forth exchanges with the insurance company. This is known as the negotiation process for a car accident claim, and how long it takes is not something we can predict ahead of time. There are situations where the insurer makes a fair offer within a few weeks. But most cases take at least 6 months, if not one or more years.

A lawsuit is generally filed when it’s clear that there’s no hope of negotiating a fair settlement. At that point, you can accept their final offer or file a lawsuit, which opens up the possibility of a trial. But as we’ve said before, most lawsuits are settled before the trial date. That’s why only a small fraction of cases are ever tried in court, even if a lawsuit is filed.

Is There a Greater Chance of my Case going to Trial if the Other Side has not Accepted Fault?

Yes, the other side’s refusal to accept liability can increase the possibility of your case ending up in court. The fact that California is a comparative negligence state is another issue that can cause problems during the settlement process. This is a system where each party in an accident is assigned a percentage of liability. That means you are technically at fault for the accident even if your percentage of liability is 1%. Of course, you will have a stronger case for compensation if your share of the blame is less than the other driver.

Still, one has to ask, “If I am partially at fault for an accident, is it more likely that my case will go to trial?” Based on our many years of experience, we would say that over 90% of car accident cases are settled, no matter who is at fault. Insurance companies, as a general rule, are not interested in spending any more money than they have to. Settling the case is by far, the most practical option, which is why most of these cases are never tried in court.

Can I Tell My Lawyer that I Don’t Want to Go to Trial?

It’s your lawyer’s job to look out for your interests and ensure that you receive maximum compensation for your injuries. However, there is such a thing as being too greedy and getting fixated on a specific dollar amount. Sometimes, it’s the client that wants to take their chances in court, but lawyers can also put the pressure on clients when it comes to a trial.

If you believe that your lawyer is pressuring you to ask for a trial date, this is a problem that must be dealt with right away. It’s one thing for your lawyer to advise you of the cons of settling your case and why going to trial is the better option. However, they must respect your decision to accept a settlement instead of pushing you into a legal action that may or may not work out in your favor.

You are not alone if you and your attorney are at odds over important decisions, like going to trial instead of accepting the insurance company’s offer. So, what ca you do if you’re unsure about your legal options as a car accident injury victim? A second opinion may be just what you need, which is a free service we offer to anyone with a pending accident claim or lawsuit. Contact our law firm as soon as possible if you would like to schedule a free second opinion.

Speak to a Los Angeles Car Accident Lawyer

For many people, a personal injury claim is their first experience with the legal system. That’s why it’s easy to make mistakes and say yes to things that you end up regretting. A skilled auto accident lawyer can advise you of the available legal options and help you make an informed choice on whether to settle your case or ask for a trial.

As the victim of an accident, you should not have to worry about the cost of legal representation. Here at Normandie, we have a Zero Fee Guarantee that allows you to hire an attorney with no upfront cost. In fact, there are no out of pocket expenses to you at any point, since we ask for all legal fees to be paid by the defendant. And if we don’t win your case, you owe us $0, even if your case goes to trial.

We look forward to educating you on your rights and legal options. Contact us to schedule a free case evaluation if you suffered injuries from a car accident in California.

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