Will My Car Accident Case Go to Trial?

After a car accident, you may be wondering whether your case will go to trial. However, most car accident claims settle before ever reaching the courtroom.

Will My Car Accident Case Go to Trial?

Reasons Why Your Case Might Go to Trial

It is unlikely that your car accident case will go to trial, but there are several reasons why it could. For example:

If the Insurance Company Refuses to Settle

Car accident cases must often head to trial if the at-fault party’s insurance company refuses to settle and is disputing liability. This can happen if they believe they have evidence that will help them beat you in court. Alternatively, they may believe that you will not go through with a trial and are refusing to settle as an intimidation tactic. However, filing a lawsuit can sometimes put enough pressure on an insurer to settle before a trial begins.

The At-Fault Driver is Uninsured

If the at-fault driver is uninsured, your only option to recover compensation may be to sue them personally. However, many uninsured drivers do not have the money or assets to pay for a collision. As a result, it is best to seek advice from a Las Vegas car accident attorney who can advise you on the best course of action.

Pros and Cons of Settlement vs. Trial

Settling a car accident case versus going to trial can be beneficial for many different reasons, such as the following:

  • Faster: Recovering compensation is often much quicker when you settle than when you resolve your case in court.
  • Guaranteed Compensation: A settlement means you will definitely be receiving money.
  • Less Stress: Preparing and going to trial can cause a lot of stress and anxiety.
  • Confidentiality: Details of a settlement can remain confidential, whereas a trial will be public record.
  • Less Expensive: Settling a car accident case typically costs significantly less than going to trial.
  • Unpredictable Outcome: When your case goes to court, there is no way to know how your lawsuit will be decided, whether a jury will award you compensation, and how much.

Here are the potential pros of trying your case in court:

  • Potentially Higher Award: Depending on the severity of your injuries and the strength of evidence against the defendant (at-fault party), a jury may be inclined to grant a much higher award than you would recover in a settlement.
  • Justice: You may feel more satisfaction that justice has been served when a defendant is held accountable in court.
  • Potential Regret: If you accept a settlement offer rather than going to court, there is the possibility that you will regret not trying your case and possibly recovering more compensation.

As long as the compensation is fair and will cover your losses, it is generally in your best interests to settle a car accident case rather than going to trial. However, it is critical to consult an attorney first. They may have a different take on your case and can also help you avoid settling for less than your case’s worth.