In 2022, 1.6 million car crashes resulted in severe injuries, and 4.2 million resulted in property damage [1]. Not all of these car accident cases go to court, as there are options to get a fair settlement without filing a lawsuit. 

However, if the insurance company refuses to offer sufficient funds, an experienced car accident attorney can ensure that accident victims receive fair compensation to recuperate in comfort. 

When Does a Car Accident Case Go to Court?

Many car accident cases settle out of court, as this is faster and easier than undergoing the lengthy legal process. However, an accident victim can work with car accident lawyers to seek fair compensation if the insurance company doesn’t approve an insurance claim or refuses to offer sufficient financial compensation.

Settlement With Insurance Company vs. Trial

While settling a car accident claim involves negotiating with the insurance company outside of court for a typically faster but potentially lower payout, going to trial means presenting your case before a judge or jury, which can be lengthier and costlier but may result in a higher award if successful.

Depending on state law, the process usually begins when the victim submits a car accident claim to either their own insurance company or the other driver’s insurance company. 

A car accident attorney then submits a demand letter to seek compensation, using supporting evidence like medical bills, vehicle repairs, and lost wages. Upon receiving this, the insurance company offers a sum to cover the damages. If the victim finds this offer fair, they will sign a settlement agreement, and the insurance provider will provide their funds. 

However, if the victim and their personal injury attorney don’t believe this is a reasonable amount, they can enter settlement negotiations. These negotiations may continue until an agreement is reached. 

If no deal is possible, or if the company denies the claim outright, the victim and their attorney may choose to file a personal injury lawsuit. This moves the case to court, where they’ll present their evidence for a legally binding decision.

Reasons for Going to Court

A car accident case may go to court for various reasons. The first is disputed liability, such as when it’s unclear who the at-fault driver is. Uncertainty can arise if the accident occurred without substantial documenting evidence, such as surveillance footage, or if witness statements were vague.

Insurance companies may refuse to offer reasonable compensation that covers all costs associated with car accidents, even with clear documentation.

Lastly, if the plaintiff’s injuries were severe, it may be difficult to fully assess the cost of their recovery, making a trial more likely.

The Role of a Personal Injury Lawyer

Personal injury attorneys are crucial resources when a car accident case goes to trial. They can protect the victim’s legal rights, file the necessary paperwork, offer legal representation in court, and present evidence in a factual yet compelling manner that supports the victim’s argument. 

Additionally, they will shield the plaintiff from the opposing party and reduce stress. 

Car Accident Trial

Pre-Trial Procedures

Before personal injury claims go to trial, car accident attorneys will file a lawsuit, share information with all parties involved, and attempt to settle the dispute out of court.

Filing a Lawsuit

Car accident lawsuits are filed with the civil court that has jurisdiction over the case, usually in the municipality where the accident occurred. The lawsuit may be against the other driver or their insurance company. 

Discovery Phase

The discovery process involves all parties involved sharing supporting evidence with each other. This step ensures that everyone has access to the same information that they can use to support their case. This information can include medical records, police reports, and accident reconstructions. 

Depositions

Depositions are recorded testimony from witnesses, experts, victims, or the liable party. They are taken under oath by attorneys and can be admitted as evidence during a civil trial. A court reporter must document the deposition to be considered valid evidence, and the attorney cannot ask leading questions meant to trick the witness. 

Mediation or Arbitration

It’s common to undergo mediation or arbitration before trial as a last opportunity to avoid a court case. 

Mediation is when a neutral third party helps all parties involved reach a mutually satisfying agreement. Everyone must agree to the final settlement. If one party refuses, the case may go to arbitration.

Arbitration works similarly to a jury trial, but the evidence is presented in front of a third-party arbitrator, such as a retired judge or attorney. The arbitrator then provides a legally binding judgment that cannot be appealed.

The Trial Process

If mediation fails, then the car accident case goes to trial, and the lawyer represents the plaintiff before a court. A trial is a highly systematized process that follows specific procedures; the case may be thrown out if these aren’t adhered to.

Jury Selection

In court, everyone has the opportunity to present their case before a jury of their peers. Members of the public are selected and mailed a questionnaire, which they complete before arriving at court. If they pass this test, they are questioned before the judge and attorneys from both sides to check for any biases, at which point they may be excused.

In a civil case, there are typically six jurors, though there may be up to eight. There will also be alternate jurors in case any are excused during the trial. 

Opening Statements

Before presenting evidence, both sides will present an opening statement outlining the case. It will explain the dispute, provide a timeline of events, and explain why the lawyer believes they have compelling evidence in their favor. 

Lawyers will also identify both the victim and the responsible party, explain who their witnesses are, and demonstrate why the witnesses are relevant to the case. 

While opening statements should be persuasive, they are not argumentative. Closing statements are where lawyers can present their arguments. 

Presentation of Evidence

Next, each side will present evidence that supports their case. Both sides have access to the same evidence but may frame it differently.

This evidence can include eyewitness testimony, expert witnesses, physical evidence like accident scene photos, and documentation of serious injuries. 

Additionally, evidence offers context for the case and helps the jury determine liability. For example, if the at-fault party had mental health problems that impaired their judgment, this may be presented as evidence to reduce their level of responsibility.

Cross-Examination

Attorneys from both sides can question witnesses, the plaintiff, and the defendant. This cross-examination is meant to challenge the opposing side’s evidence and attempt to refute their argument. 

However, it is essential that car accident lawyers and others remain respectful and not attempt character defamation, focusing on the facts of the case.

Closing Arguments

During the closing argument, lawyers for each side will summarize their case and attempt to persuade the jury in their favor. They offer an overview of the facts and help interpret evidence for the jury, demonstrating why their argument is stronger. This moment is the lawyers’ final opportunity to convince the jury of their position.

Jury Deliberation and Verdict

In a car accident case, the jury must decide whether there is a preponderance of evidence that one party is more liable than the other and to what degree both parties share responsibility. 

The jury then determines who is most liable and the damages to which the plaintiff is entitled. This can include economic damages, like medical expenses and lost wages, and non-economic damages for pain and suffering or emotional distress. 

Potential Outcomes of a Car Accident Trial

In car accident cases that go to court, there are typically two outcomes and the option to try again through appeals. 

Plaintiff’s Verdict

If the jury finds in favor of the injured party, they will award damages that they believe are fair in accordance with the standards laid out by the judge. This compensation is often more than what could be achieved in an insurance settlement, but it may not always be what the plaintiff hoped for.

Defendant’s Verdict

If the jury favors the defendant, which is either the at-fault driver or their insurance provider, the plaintiff receives no financial settlement.

Appeal

Either party may have the possibility of appeal if they feel that the verdict was unfair based on legal standards, such as the jury not receiving critical information.

Benefits and Risks of Going to Court

While a trial can be stressful, it may also offer rewards. However, there are risks involved with going to court, including the possibility of receiving no compensation.

Potential for Higher Compensation

A court case may result in a higher compensation than accepting an insurance settlement, as juries can award damages beyond policy limits.

Control Over the Outcome

Taking legal action allows victims more control over the outcome, as they can work closely with their lawyer to develop the case. They will also be able to share their story in front of a jury of their peers, which can be cathartic and empowering.

Time and Cost

Litigation is time-consuming and expensive. While you will not have to pay out of pocket because we work on a contingency fee basis, higher legal fees will be deducted from your settlement. Preparing a trial case and attending hearings also require more time and effort.

Uncertainty and Stress

A car accident trial is all or nothing, meaning that you have to pay all your expenses if the jury does not decide in your favor. It can also be emotionally stressful, as you will have to relieve the car accident in front of a jury and be questioned by the opposing attorney. 

Consult an Experienced Car Accident Lawyer

We understand that going to court for a car accident can be very overwhelming for victims, and we will work hard to alleviate the stress that comes with this process. 

Rosenfeld Injury Lawyers is dedicated to fighting for the rights of those injured in car accidents, ensuring they get the compensation they deserve. To schedule your free consultation with a Chicago car accident lawyer, call us at (888) 424-5757 or fill out our contact form

References: [1] Forbes