Is my car accident case going to go to trial?
By Greg Kaminsky, Staff Writer
If you or a loved one has been involved in an auto accident and filed a personal injury claim, you may be wondering whether or not your case will end up going to trial.
While it is rare for a car accident case to go to trial – a settlement is typically reached beforehand – it does sometimes happen. A case can go to trial for a variety of reasons, including but not limited to, dispute over which party is at fault or responsible for the accident, and the amount of damages owed to the plaintiff.
If it cannot be determined that one party is solely responsible for causing the accident, then insurance companies will be less likely to pay out large sums of money to the injured victim. If this is the case, you may need to go to court to prove liability in the accident.
Additionally, if your injuries are serious with significant current and potential future medical expenses (as well as lost wages, property damage, etc.) the insurance company is most likely going to want extensive proof of your damages and will attempt to delay and possibly deny coverage for as long as possible. In this situation, the threat of a jury trial can be the stick that forces them to the bargaining table. However, if the insurance company is still not willing to pay the full damages that your injuries and losses, you may need to prove your case in court.
Once you do go to court, a jury will be asked to decide on the amount of damages you are owed. An experienced trial attorney should ideally be able to demonstrate the full value of your claim. In some cases, the insurance company may settle even after the trial has started.
The bottom line in all of this is that your lawyer is in the best position to advise you on the likelihood of your case settling based on the facts of your case and his experience dealing with the insurance company.