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October 31, 2019. Category: Car Accidents

Will My Car Accident Lawsuit Go to Trial?

While meeting with a personal injury attorney and filing a car accident lawsuit are necessary steps towards obtaining compensation for injuries or losses you’ve suffered, it doesn’t necessarily mean that you and your lawyer will wind up in a courtroom months or years later arguing your case in front of a judge and jury at a trial.

95% of Injury Cases Settle Before Trial

In fact, the opposite is true. While hundreds of thousands of personal injury lawsuits, including car accident lawsuits, are filed in the United States every single year, it is estimated that only about four to five percent of those suits go to a full trial. That means that around 95% of all personal injury lawsuits are resolved without a trial. While some cases conclude with a pre-trial ruling by a judge, the vast majority of personal injury and car accident cases are resolved – and compensation for the victim obtained - through settlement.

Cost and Certainty

Why do so many car accident cases settle? Two words: cost and certainty. Taking a personal injury lawsuit all the way through a trial not only can take years, it can also cost defendants and insurance companies hundreds of thousands of dollars in legal fees. Even if the insurer feels that it has a solid defense and that the plaintiff should receive nothing, it still may offer a substantial settlement to an injury plaintiff because it may ultimately cost them less money than defending the case tooth and nail.

Additionally, both the plaintiff and the defendant are taking a big risk going to trial. Juries can be unpredictable. There is always a chance that 12 people will come back with a verdict which either costs a defendant an astronomical sum significantly more than they could have settled the case for or leaves the plaintiff with nothing when they could have accepted a substantial settlement.

Why an Injury Case May Go to Trial

If a settlement is so appealing, why do those 5% of injury and car accident cases actually go to trial? The reasons can include:

  • The defendant or their insurer believes that the settlement demand made by the plaintiff doesn’t reflect the likelihood that the plaintiff will prevail at trial or is greater than the potential costs of going to trial.
  • The insurer or defendant denies all liability for the plaintiff’s injuries and believes that the evidence strongly supports their position.
  • The defendant’s settlement offer is far too low.
  • The insurer does not believe that you were injured, or disputes the severity of your claimed injuries.

Even though most car accident cases settle, a good personal injury attorney should never approach an auto accident lawsuit as if it will get resolved quickly. Your lawyer needs to be ready to take every case to trial, even while exploring settlement options, and the defendant and their insurance company need to know that your attorney is ready and willing to go the distance.

Speak With Skilled Tampa Car Accident Lawyers to Discuss Your Car Accident Case

Many Tampa car accident lawyers have seen the struggles and challenges faced by individuals who have been injured or families who have lost a loved one in a car accident. That is why experienced and dedicated car accident attorneys work tirelessly to get compensation and justice for those who have suffered because of others’ negligence on the road. 

If you or a loved one has been injured in a car accident, please call a Tampa car wreck lawyers today contact us online to arrange for your free initial consultation and case evaluation.

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