​How Often Do Car Accident Claims Go to Court?

Did you recently get hurt in a car accident? Are you wondering whether you’ll have to go to court? If so, you’re not alone. While …

Did you recently get hurt in a car accident? Are you wondering whether you’ll have to go to court? If so, you’re not alone. While most car accident claims settle out of court, certain cases ultimately go to trial. And when you’re already feeling overwhelmed by mounting medical expenses and other crash-related losses, a lengthy court battle is probably the last thing you want.

But how likely is it that your car accident claim could go to trial? Continue reading to learn more about why some car accident claims go to court, how to prepare yourself if you file a lawsuit, and what a car accident lawyer can do to help you pursue the best outcome possible.

Car Accident Claim Facts and Statistics

​How Often Do Car Accident Claims Go to Court?

Determining how frequently car accident claims go to court in the United States is challenging for several reasons. For one, the U.S. has no centralized system to track car accident insurance claims or lawsuits. Additionally, many car accident claims settle out of court, and there aren’t always records of these out-of-court settlements.

However, a recent report from researchers at Stanford Law School indicates that:

Reasons Why Car Accident Claims Go to Court

Few people want to go to court after car accidents because agreeing on a settlement is usually much faster and cheaper. However, some car accident claims end up in court for good reasons, such as:

  • Disputes over fault. If any disputes arise regarding who was at fault for a car accident, one party might decide to take the matter to court and have an impartial judge or jury decide who is responsible.
  • Disputes over compensation. In some car accident claims, parties may disagree over the severity, extent, or cost of the crash-related losses. Similarly, some parties might be unable to agree on a settlement, so one or both parties may file a lawsuit asking the court to decide the outcome.
  • Inadequate offers. Most drivers carry auto insurance, and their insurance providers are usually responsible for making settlement offers after car accidents. If the insurance company refuses to make a reasonable settlement offer, the injury victim might seek a more favorable outcome in court.
  • Legal time limits. Every state has a statute of limitations, which imposes strict time limits on specific legal actions, including personal injury lawsuits. In Florida, for example, you have four years from the date of the accident to file your suit. If the deadline to file suit is approaching, a car accident victim may sue to preserve their right to seek compensation in civil court.
  • Complex circumstances. Some car accident cases involve complex legal or factual issues, such as catastrophic injuries, multiple parties, or other unusual circumstances. In these more complex cases, it is sometimes necessary to take matters to court for a fair outcome.
  • Precedent setting. In rare circumstances, a car accident claim might involve issues that could set a legal precedent or clarify a particular law. In that case, it might be the right decision to litigate the matter in court and obtain a decision that will have broader implications for future crash victims.
  • Differences Between Car Accident Insurance Claims and Lawsuits

    Filing an insurance claim and filing a personal injury lawsuit are two different methods for achieving the same goal after a car accident: pursuing compensation for your injuries and other crash-related losses.

    Here are some key differences between car accident insurance claims and lawsuits:

    What to Expect If Your Car Accident Claim Goes to Court

    Here’s a general outline of what you can expect if you and your lawyer end up taking your car accident claim to court:

    The Role of a Lawyer in a Car Accident Claim

    Hiring an experienced lawyer after a car accident is always a smart idea.

    An attorney can help you in a car accident claim by:

    If you have questions about your car accident claim, contact a knowledgeable personal injury attorney who can review your case and explain your legal options.