Do Most Car Accident Cases Go to Trial? The Real Numbers

Article Summary

• Car accident cases may go to trial to avoid an expiring statute of limitations, because of liability disputes, or because of severe or catastrophic injuries resulting in extraordinary compensation demands.
• An attorney can help you navigate the settlement process even if a case doesn’t go to trial.
• The drawbacks of a trial for a car accident case include the time and money spent on the case, the emotional toll the case takes, and the risk involved with leaving the outcome up to a judge or jury.
  
  

After a car accident, there are a number of things that are eligible for dispute. Who was at fault, what other factors influenced the situation, how much damage will it cost, and who should pay for those damages are just a few of the questions that often quickly emerge.

And when someone begins working with a car accident attorney to sort these issues out, it’s understandable to wonder, “Do car accident cases go to trial?” The answer to that question is a select few. The overwhelming majority of car accident cases never make it to trial and that’s because up to 98% of car accident cases are settled outside of court before they ever make it to a courtroom.

For the team at Torgenson Law, that’s good news. We’re not keen on dragging any of our clients into a courtroom unless it’s absolutely necessary. Trials cost quite a bit of money, they take up an extraordinary amount of time and they bring with them an emotional toll on everyone involved, especially our clients. 

Trials are also risky. The outcome is out of anyone’s control, which is not ideal. 

It’s why we do our best to recover the maximum amount of compensation for our clients at the negotiating table rather than in front of a witness stand. We will take a case to trial if we absolutely need to, but those are rare instances. 

So, if a case doesn’t go to trial, how does it unfold? Great question. 

Timeline Of An Arizona Car Accident Lawsuit

As a team that fights for the people who have been injured in a car accident, we’re in no rush to get to a settlement deal. Our goal is to secure a fair compensation agreement, and sometimes that takes time. The entire process generally unfolds in a few steps.

1. Medical treatment and recovery. Following the accident, the client receives thorough medical treatment and continues treatment as necessary to ensure a full recovery. This treatment is documented for future use.
2. Investigation and evidence gathering. The team at Torgenson Law oversees this process, in coordination with our clients, especially if they have photos, videos, witness statements or physician documentations that will be useful as evidence. Other evidence gathering efforts include securing police reports, crash scene examination, and any other documentation related to the vehicles, people, and location involved.
3. Demand sent to the insurance company. Once evidence is prepared and estimates are calculated for physical and emotional damages, the team at Torgenson Law issues a demand letter to the insurance company on the client’s behalf. This is where the negotiation process begins.
4. Negotiations and counteroffers. The team at Torgenson Law handles the back and forth with the insurance company to ultimately achieve a compensation offer that best covers the damages our clients are facing. This can sometimes take quite a bit of time.
5. Settlement or lawsuit. Rarely does a case end with the need for a lawsuit, but when it does, we are prepared to proceed because we’ve moved through the entire process as if that were a potential outcome. Settlements are the most common path forward, at which point the case is closed.

Why A Percentage Of Car Accident Cases Go To Trial

The select few car accident cases that make it to trial have a few things in common. Efforts to reach a settlement don’t always go smoothly, and if delays push back negotiations to the point that the case bumps up against the statute of limitations, a trial protects the injured person’s rights to compensation. 

There are also special circumstances that can make the settlement process arduous if ineffective. Those circumstances include disputes about liability, meaning the insurer does not accept liability for a claim, as well as conflicting witness statements, and severe or catastrophic injuries. 

In cases where severe or catastrophic injuries are present, insurers are often hesitant to agree to paying the full demand, which includes the cost of care, as well as the lost earning potential and the emotional suffering that comes from a life-altering injury. 

An Arizona car accident lawyer with experience with these types of cases can make the process run more smoothly. At Torgenson Law, we bring years of experience and success negotiating car accident claims to the table, securing fair compensation packages for the clients we’ve represented. 

No one should navigate a case like this alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you or a loved one has been injured in a car accident, reach out to our team today.

No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.