Personal Injury Claims: Will Your Car Accident Case Go to Court?

Personal Injury Claims

Did you know that 95 percent of personal injury lawsuits never go to trial? While car accident victims may assume that going to court over their lawsuit is inevitable, it often isn’t necessary.

Keep reading to learn why your car accident case may never go to court and how avoiding court could work in your favor.

Settling a Car Accident C


Many Americans’ first exposure to a car accident settlement process is when they themselves are injured in a crash. It’s no surprise then that they often assume their case will automatically go to court. In reality, however, this is rarely the case.

There are many reasons why a car accident claim might not go to trial.

The Insurance Payout Is Good

In some cases, crash victims might file a personal injury claim and find no resistance on the part of the defendant or their insurance company. If the defendant or their insurer offers to pay the plaintiff a reasonable and adequate amount upfront, the plaintiff will have no reason to turn the claim into a lawsuit. They can simply accept the money and move on.

Pre-Court Negotiations Are Successful 

Taking a car accident trial through the court system is costly for both plaintiffs and defendants. As a result, defendants are often highly motivated to negotiate settlements out of court. This saves both parties time and money and can allow claims to resolve quickly in ways that satisfy everyone.

The Benefits of Settling Out of Court

How does reaching a car accident settlement out of court benefit plaintiffs?

  • It costs plaintiffs less in attorney and court fees
  • It offers more control and certainty over case outcomes
  • It gets plaintiffs their settlement money faster
  • It can be much less stressful and contentious than appearing in court

Negotiating a settlement can lead to outcomes that are equal to or better than what a plaintiff might expect from a trial. It also helps plaintiffs avoid the unpredictability of trials and the risk of losing their case entirely based on a legal technicality.

The lower costs of out-of-court settlements also help plaintiffs keep more of their settlement money in their pockets when all is said and done.

Going to Court  

Around five percent of cases do end up going to court. This is usually the result of:

  • Defendants who are unwilling to acknowledge or engage with claims
  • Defendants or insurers who are unwilling to negotiate fair compensation
  • Plaintiffs who feel that a trial is the only way to address an injustice or call attention to their situation

While going to court is sometimes necessary, it can lead to delays in receiving compensation. It can also reduce the total amount of compensation plaintiffs keep at the end of the day since they lose more to fees and case-related costs.

Ultimately, only you and your attorney can decide which approach is best for your unique situation.

Learn More 

Understanding your options for handling a car accident case can help you make the best choices and achieve the best outcomes. Get more empowering information by checking out the other great articles on our blog today.

Written by Crystal Rae

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