Car accident claims can become very complex depending on the circumstances of the accident and the parties involved. When disputes arise, and negotiations fail, a case will likely be taken to court instead. Learn more about the why and what of this process and how a personal injury accident lawyer can advocate for you. Â
Why is My Car Accident Claim Going to Court?
Most car accident claims are resolved through settlements. This is where both parties agree to a compensation amount without needing to go to court. However, some cases can’t be settled, often due to disagreements about fault, the severity of injuries, or the amount of compensation owed. When settlement negotiations break down, the case is taken to court. These are a few of the reasons your car accident claim may go to court:Â
- Liability Disagreement: If there’s a dispute over who caused the accident, a judge or jury may step in and decide.Â
- Inadequate Settlement Offers: In cases where the insurance company’s offer is insufficient to cover damages, legal action may be taken to remedy this.Â
- Complex Injuries: Serious or long-term injuries that require more detailed evaluation may lead to a trial to determine appropriate compensation. Â
- Unresolved Disputes: Claims may proceed to court in cases where insurance companies cannot agree on the terms of the settlement.Â
How Often Do Car Accident Cases Go to Court?
A majority of car accident cases do not go to trial and are resolved in settlement negotiations. The reason why this is ideal for most parties is because of the time and cost commitment associated with trials. Once a case moves to court, the timeline for resolving disputes and getting compensation becomes dragged out and depending on the availability of both parties and the judge or jury, it can be an uncertain length of time the case may be resolved.
However, if a case involves complicated details, it may be more likely to go to court.
Is a Car Accident a Civil or Criminal Case?
Car accidents are usually civil cases where the goal is to determine whether one party should be held financially responsible for the damages caused to another party. A criminal case, on the other hand, involves prosecuting someone for breaking the law. Depending on the circumstances of the car accident, criminal charges may also be pursued. Criminal charges may also be pursued by a prosecutor or district attorney who works for the city or the state.
Car accidents can be a:
- Civil Case: An injured party sues for compensation or monetary damages for things like lost wages, medical bills, property damage, and pain and suffering. Â
- Criminal Case: An accident caused by lawbreaking, such as driving under the influence, can lead to criminal charges being brought against the at-fault driver. However, this is separate from a civil case. Â
It’s important to remember that you can still pursue a civil case for damages even if criminal charges are not filed.
How Long Does a Car Accident Court Case Last?
The length of a car accident court case can vary greatly depending on its complexity. If liability is clear and damages are straightforward, the case is likely to be resolved quickly. However, more complex cases involving serious injuries, complicated legal issues, or multiple parties may take longer. Â
Some of the factors that influence the length of the case can include:
- Witnesses: If many witnesses are involved, the trial may take longer.Â
- Expert Testimony: For complex medical or technical issues, experts may be called on to testify, extending the trial’s duration.Â
- Court Schedule: Courts have busy calendars with many cases to oversee. Scheduling delays can add time to the process. Â
We talk about the entire personal injury lawsuit timeline in depth here. Â
What to Expect from a Car Accident Settlement?
The goal of any good attorney is to get the client the best result possible. Whether that means reaching a settlement or going to trial. A settlement is an agreement between both parties in which the at-fault party agrees to pay the victim a certain amount of money, typically in exchange for dropping the case.
At the end of the day, the client is in charge of the process, and the attorney is there to give reliable advice.
The compensation received for each claim varies greatly depending on the specific details of the accident. Every car accident claim is different, and results can vary. Check out some of the successful results we’ve achieved for clients in the past!Â
Learn More: Average Car Accident Settlement Amount
DM Injury Law’s Car Accident Lawyers Have Your Back
If your car accident claim is heading to court, it’s important to have a knowledgeable and experienced attorney by your side. A skilled car accident lawyer can help you navigate the legal process, advocate on your behalf, and ensure you receive the compensation you deserve. With our team of expert accident attorneys, you can rest assured that your case is in capable hands.
We work tirelessly to protect your rights and pursue the best possible outcome for your case. Whether you’re negotiating a settlement or preparing for trial, we’ve got your back every step of the way.
Reach out to DM Injury Law’s legal team today for a free consultation on your case.Â
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