Will My Car Accident Claim Go to Court?

Car accident victims are often wary of taking action because they don’t want to deal with the hassle of going to court. Navigating legal proceedings is inherently challenging, and there’s no guarantee that a trial will even yield a favorable verdict.

Thankfully, most valid personal injury claims are settled. As long as the case has merit, both parties are usually inclined to negotiate until they arrive at a satisfactory resolution.

There are scenarios, however, in which it’s impossible to come to an agreement. When this happens, the victim may have no choice but to file a formal lawsuit.

If you were seriously hurt in a car accident and you’re planning on taking action, you’re probably wondering whether your claim will be one of the few that ends up in court. Let’s explore the kinds of circumstances that typically warrant going to trial:

1. The Plaintiff Is Seeking a Significant Payout

Insurers are not inclined to just hand out seven-figure settlements. At the end of the day, their primary goal is to protect their bottom line, and that means offering claimants as little as possible.

If you incurred significant damages, it’s reasonable to expect a lot of resistance from the insurer during the negotiations. Should they refuse to meet you in the middle, filing a lawsuit may be the only way to pursue the compensation you deserve.

2. The Defendant Disputes Liability

If the opposing party doesn’t think you have sufficient evidence of fault, they won’t be all that cooperative during the negotiations. This, in turn, could force you to take them to court, where you’ll have to present a preponderance of evidence that they were, in fact, to blame.

3. The Insurer Is Acting in Bad Faith

Sadly, insurers don’t always honor the terms of their policies. If the liable party’s carrier refuses to accept responsibility, to acknowledge the validity of your claim, or to offer a fair settlement, they could be acting in bad faith. Should this happen, you’ll likely have to go to trial to make your case.

How Can I Facilitate the Negotiations So I Can Avoid a Lengthy Lawsuit?

Unfortunately, there is no foolproof way to stay out of court. Personal injury claims are inherently complex and, subsequently, highly unpredictable.

There are steps you can take to boost the strength of your case, though, so the negotiations are more likely to end in your favor. Examples include:

Preserving evidence from the scene;
Following all medical advice;
Documenting your damages diligently;
Staying off social media; and
Referring all correspondence from the insurer to a strategic lawyer.

Discuss Your Case with a Car Accident Attorney in St. Cloud

At Bradshaw & Bryant, we’re committed to restoring the physical, emotional, and economic well-being of those who have been hurt through no fault of their own. If you want to take action against a drunk, distracted, or otherwise reckless driver, we’ll help you gather the evidence needed to pursue the maximum payout possible. To schedule a free case review with a car accident lawyer in St. Cloud, use our Contact Form or call (320) 259-5414.