Car Accident Lawsuit: Why the Majority of Cases Don’t Go to Trial
Annually, over 1 million people die in car accidents across the world. Plus, 20 to 50 million people are either disabled or injured every year.
Many of those drivers and passengers end up in a car accident lawsuit. Whether it’s emotional trauma, physical pain and injuries, property damage, or a devastating loss, many individuals who are involved in a car accident seek some form of compensation.
There are also those who find themselves at the other end of a lawsuit for reckless driving or a hit and run, amongst other things.
While there are many lawsuits generated from vehicle collisions, very few of those cases go to trial.
Continue scrolling to find out what those reasons are!
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The Drivers Want to Put it Behind Them
Going to trial can be both time-consuming and emotional. When anyone is a car accident, the chances are more likely that they want to put the whole thing behind them rather than drag out a case for months, and even years, on end.
Many individuals NEED the compensation they seek, and as soon as possible. After a vehicle collision, there are many expenses, especially if missing work and medical bills are part of the equation. Typically, it’s in the best interest of a client to accept a settlement offer than to drag their accident case out for just a few thousand dollars more.
If that lapse in time would create an unhealthy or detrimental situation for you, then your lawyer will likely advise you to take a settlement.
The Defense May Break down Your Character
If you are involved in a car accident lawsuit going to trial and the accident was not your fault AT ALL, the defense may still attempt to break down your character in front of a jury.
In an attempt to keep your compensation owed as low as possible, they will do everything they can to shine you in a negative light. If you go to court, you’ll do a lot of prep work with your lawyer and will have to be emotionally ready for appearing and speaking in court.
Not everyone can handle this kind of pressure, which is why they choose to settle instead of going to court.
Is the Insurance Company Willing to Negotiate?
Usually, insurance companies are ready to play ball and negotiate a settlement. If they aren’t, however, then the only option is to go to trial.
This reason is why you want a lawyer who is always ready to go to trial, but who makes every attempt to settle and get you the best compensation, first.
It’s a misconception that a lawyer who avoids trial hasn’t done their due diligence. On the contrary, it means that they have exhausted every witness, looked at any and all medical reports, and every other detail of your case to come up with a fair and significant settlement for all of your damages.
What Is Your Case Worth?
What are your total and predicted medical expenses? What is the value of your pain and suffering, both physically speaking and emotionally speaking?
What proof is necessary to prove your pain and suffering to a jury? Is there potential for punitive damages?
Expert witnesses like psychiatrists, doctors, specialist, and other professionals might be required to testify to convince a jury of your damages. Many of these professionals require a hefty paycheck to testify at trial.
If your car accident attorney deems that the costs will outweigh the benefits, they’ll likely encourage you to take a settlement.
Going to Court Can Hurt Your Case
When it comes to auto cases, going to court can hinder your chances of getting a settlement you deserve. There are so many variables involved, and it’s up to a jury to deem whether or not you receive compensation.
Lawyers know that no matter how strong a case is, going to court isn’t necessarily the best option. While there may be a chance to receive better compensation, there are also risks involved with taking that chance.
How Do You Know If You Should Go to Trial?
As it pertains to car accident court cases, your lawyer can make or break your case. When you hire someone reputable who you can trust, you don’t have to make the big decisions on your own.
If the insurance company is willing to negotiate, and your lawyer has explored every single piece of information, they’re going to get you the best possible settlement.
Some of the damages you might be eligible for are:
- Compensation for lost wages
- Reimbursement for medical expenses, both now and in the future
- Punitive damages
- Pain and suffering
- Emotional distress
If you’re particularly shaken by your accident, your lawyer will probably determine that going to trial isn’t the best thing for you emotionally and physically.
If you’re strapped for cash, and you don’t have upwards of a year to wait for compensation, it’s also a smart choice to settle before going to trial.
A Car Accident Lawsuit Doesn’t Usually Go to Trial
When it comes to a car accident lawsuit, almost all cases don’t go to trial. That’s because most lawyers do their due diligence and gather all the information necessary to get the best settlement offers for their clients.
Going to trial can be emotionally draining and unreliable. While it might seem like the best way to get the most compensation, it will also generate lots of costs in the process.
Want to know more about car accident lawsuits? Check out the car accident section of our blog for more information, like how to find the best lawyer for your case!