WILL MY CAR ACCIDENT CASE ACTUALLY GO TO TRIAL?
If you’re seeking damages for a car accident, your case may go to trial, but it’s not likely. Most car collision cases are settled during negotiations or pre-trial mediation.
Generally, insurers and litigants prefer to settle because it’s less expensive and takes less time. However, insurance companies and claimants sometimes can’t agree on a settlement. In that case, going to court with a car accident attorney may be the only option.
If you’ve suffered injuries in a collision, but the insurance company refuses to pay a fair settlement, you have options. Contact Schrier Law Group today to speak with a proven car accident attorney.
Continue reading to learn more about car accident trials in Florida.
How Many Car Accident Cases Actually Go To Court?
Nearly 95% of all personal injury cases are settled out of court. That means that your case is not likely to go to trial. However, if you do, you should be aware that only 57% of car accident trials are decided in favor of the plaintiff. A few factors that can enhance your chances of a favorable outcome include:
- Most insurers prefer settling out of court because they have more control over the outcome.
- The burden of proof for car accident cases is much lower than other types of personal injury claims.
A few factors that could limit your ability to win a car accident settlement include:
- Lack of proof that the defendant caused the accident
- Minimal damages caused by the collision
- Inexperienced car accident attorney representing the plaintiff
What to Expect When Appearing in Court For an Accident
Every car accident case is different. Generally, if your car accident attorney cannot negotiate a fair settlement, you can expect the following to occur at trial.
- You and the insurer are unable to reach an out-of-court settlement.
- Your car accident lawyer files a lawsuit against the defendant.
- The defendant’s insurance company hires a lawyer to represent them during the trial.
- Pre-trial process including discovery, motion practice, and mediation.
- The car accident trial begins.
- Both parties present their evidence (i.e., photos, eyewitness testimony, expert witnesses, etc.) while attempting to discredit the other party
- The plaintiff may be required to testify and face cross-examination.
- The judge or jury will decide on fault and award damages (if the plaintiff is successful)
It’s important to note that only a slight majority of car accident trials end in success for the plaintiff. If you’ve received an unfavorable ruling, your car accident attorney can take steps to appeal the decision.
How Long Does a Car Accident Trial Last?
The length of a car accident trial depends on many factors, including the severity of your injuries, how many drivers were involved in the collision, and the experience of your car accident attorney.
Generally, car accident trials can be as short as a few days or as long as many weeks. The most lengthy part of going to court is the pre-trial phase. Pre-trial can last for many months, sometimes up to one year.
Further, the time to conclude the case can be lengthier if an appeal is filed after the original ruling. The best method to ensure the fastest outcome in your case is to hire a proven car accident attorney to negotiate on your behalf before going to trial.
If your lawyer is successful, you could receive maximum compensation weeks or months after filing your claim.
How Can I Strengthen My Car Accident Claim?
You can do a few things to make negotiations easier and faster for your car accident attorney. They include, but are not limited to:
- Seek immediate medical attention after an accident, even if you’re unsure that you’ve suffered injuries
- Note the responding police officer’s contact information, and obtain a copy of the police report
- Identify eyewitnesses and get their contact information
- Collect important evidence like photos, videos footage, weather conditions, etc.
- Maintain a written account of your injuries, pain, and rehabilitation efforts
- Contact a car accident lawyer quickly after the collision
Contact a Florida Car Accident Attorney Today
Working with an experienced Florida car accident lawyer can dramatically increase your chances of a successful outcome in your personal injury case. A proven attorney knows how to negotiate with insurers, present compelling evidence, and secure the best possible settlement.
The car accident attorneys at Schrier Law Group have collected more than $500 million for injured accident victims. Our skilled legal team is aggressive, creative, and ready to fight for maximum compensation on your behalf. Contact us today to speak with a proven Florida car accident attorney.