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Do Car Accident Cases Always Go to Court?

Do Car Accident Cases Always Go to Court?

Do Car Accident Cases Always Go to Court
Although only a small percentage of personal injury claims end up going to trial, when they do, it can be because of an unfair insurance company, liability disputes, severe injuries, or an uninsured driver being involved. If the parties can’t settle, the case goes to trial. Steps in a lawsuit include discovery, trial, jury deliberations, and the verdict. A personal injury attorney helps victims through the claims process so that they can get justice.
For many people who were injured in a car accident, they are not familiar with the claims process and what it means for them. Thankfully, personal injury lawyers often handle car accident cases and can help you secure compensation. It’s rare for personal injury cases to go to trial, but if yours does, then BGN Attorneys will fight for you all the way.

Reasons Why Car Accident Cases Go to Trial

Most personal injury cases are settled out of court. Settlement outside of court is preferable for most parties because it costs a lot of money to pay for witnesses, trial exhibits, filing, and more. Going to trial is also a big time commitment because of all the bureaucracy involved, and the victim likely can’t wait that long for compensation. Trials can also take an emotional toll on the victim, who has to testify and be questioned by the other side. Lastly, you are not guaranteed to win if you go to trial, which adds uncertainty.

However, some situations may require the case to go to trial.

Serious Injuries

If the car accident victim was severely injured, causing long-term or permanent health issues, the insurance company may not be willing to pay the amount that the victim needs to cover all of their damages. Severe injuries can cause loss of body part function, chronic pain and other symptoms, disability, loss of earning capacity, loss of quality of life, and psychological trauma. The victim may need medical treatment such as surgeries, rehabilitation, physical therapy, and in-home care.

In cases with extensive damages, a lawsuit may be the only way for the victim to get enough compensation to move forward after the accident

Uncooperative Insurance Company

Insurance companies want to pay as little as possible and will do everything they can to avoid paying the victim more. Insurance companies may deny the victim’s injury claim completely and say that they don’t need to cover the damages. They may also offer a very low settlement that doesn’t come close to paying for the victim’s damages.

Insurance companies also use tactics like dragging out claims and throwing up endless roadblocks, causing the injured person stress and keeping them from getting the financial compensation they need. The insurance company may also refuse to communicate and be deliberately cryptic to make the settlement process harder. In such cases, a lawsuit may be the only way to hold the insurance company accountable and get a fair settlement.

Uninsured Driver

Although uninsured motorist coverage isn’t required in Washington, it’s still important to have. Uninsured motorist coverage can help pay for damages in the case that the at-fault driver who caused your injuries didn’t have insurance. But even if you have the right coverage, your insurance may not pay for all of your damages. That’s where a lawsuit can come in, helping you get compensation when the at-fault driver doesn’t have insurance, and your own insurance company won’t settle for the amount you need.

Liability Dispute

One of the most common reasons personal injury claims go to trial is a serious dispute about who is at fault. You and the other driver may disagree about who caused the accident, meaning that the insurance company may refuse to pay for your damages. A jury may be needed to review all of the evidence and determine who caused the accident.

The other party may refuse to share evidence that could prove their client is at fault. If your attorney files a lawsuit, both parties must share all evidence they have during the discovery phase. If the other party refuses to turn over records or other information, a lawsuit may be the only way to proceed and prove fault.

Car Accident Cases

Personal Injury Claim and Lawsuit Stages

  • The first part of the claim is when evidence is gathered to prove your damages. This includes medical documentation, police reports, witness statements, and photos and videos from the scene.
  • After this, your lawyer will send a demand letter to the insurance company outlining your damages, the facts of the case, and what settlement amount you want.
  • Next, the insurance company will send a counteroffer, usually a low amount. The lawyer will then negotiate to obtain a fair settlement, presenting evidence to prove fault and the extent of your damages.
  • If you can’t settle, the next step is usually Alternative Dispute Resolution so nobody has to go to trial. This could consist of mediation or arbitration.
  • The first step in a lawsuit is filing the official complaint, which states the victim’s case against the other party, details about the accident, the damages you endured, and the settlement amount you want.
  • The court sends a summons to the other party, and they must respond.
  • Next comes the discovery phase, the longest part of the trial. Both sides will exchange evidence, interview witnesses and experts, and request and review documents. Discovery is where your lawyer builds your case and prepares for trial.
  • Before trial, the judge may try to get the parties to negotiate and reach a settlement. If the parties cannot reach an agreement, the case goes to trial.
  • Pre-trial hearings and motions with the judge take place, where the attorneys argue over what evidence should be allowed at trial.
  • Finally, the actual trial happens. It starts with opening statements. Both sides present their arguments, call witnesses to the stand, and present evidence. At the end, both sides give closing arguments to try to convince the jury to rule in their favor.
  • The jury discusses the evidence and then reaches a decision. They reach a verdict and determine how much compensation you are entitled to.
  • If either party is dissatisfied with the final verdict, they can try to file an appeal.

Our Lawyers Are Here For You

BGN Attorneys will fight to win your personal injury claim, even if that means going to trial. You deserve experts by your side to help you stand up to the insurance company and get justice. Schedule a case consultation with our car accident injury experts at BGN Attorneys so that we can get started on your claim. Navigating a personal injury claim can feel daunting, but our team will handle everything.

Car Accident Claim in Washington

Contact BGN Attorneys, We will fight to secure the highest possible compensation for you.

FAQs about Car Accidents & Court

How long do I have to file a personal injury claim in Washington state?

The statute of limitations in Washington for personal injury claims is three years from the accident, with some exceptions (such as if the victim is a minor). If you don’t file your claim in time, you forfeit your ability to get compensation.

Washington is a comparative fault state, which means that you can still recover damages proportional to the amount of fault you are determined to have. Even if you were mostly to blame for the accident, you can still recover some compensation for your injuries.

The first thing you should do if you’re in an accident is to get medical attention. You should also get witnesses’ and other drivers’ information, take photos of the scene, and obtain medical and police documentation of the incident.

Personal injury claims against an uninsured motorist are more complicated, but you can still recover damages. If you have uninsured motorist coverage, you can file a claim with your own insurance and have a lawyer help you negotiate a good settlement.

Thankfully, most injury law firms work on a contingency fee basis, which means that the lawyer only gets paid if the victim does. This helps victims because they don’t have to choose between paying their bills and filing a claim, allowing them to pursue compensation and build a better future.

Usually, personal injury trials take place in person so the judge can view evidence directly and better assess body language. However, exceptions can occur in rare circumstances, such as if the victim is too injured to travel.

The time a personal injury claim takes from start to finish depends on the circumstances of the case and other factors. However, most personal injury cases that go to trial take between two and three years total.

Yes, you will need to testify if your case goes to court. Your testimony will include your account of what happened and how your injuries have impacted your daily life.

Most types of car accident injuries are settled out of court, including both minor and serious injuries. Some examples of common car accident injuries are whiplash, bone fractures, spine disc injuries, soft tissue injuries, and concussions.

Personal injury cases from car accidents are more likely to go to court if they involve serious, permanent, disabling injuries. Some examples of these injuries include disfigurement, paralyzing spinal cord injuries, amputations, traumatic brain injuries, and complex internal injuries.

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