When we consider what percentage of car accident cases go to trial, it’s typically very low. Most car accident cases settle before trial because both sides often prefer to avoid the uncertainty, cost, and time associated with litigation. An experienced Orlando car accident lawyer at DWK Law can help you understand whether your case is more likely to settle or proceed to trial, depending on the facts, injuries, and insurance company offers involved.
Why do most car accident cases settle?
According to the Bureau of Justice Statistics (BJS), about 3% of general civil cases filed in state courts proceed to bench or jury trial. This is because the injured party and insurance companies usually want to avoid the expense and unpredictability of a car accident trial.
When a case settles out of court, it saves time and reduces stress for everyone involved. Insurance companies often prefer settlements because they help them manage financial risks, while injured individuals may appreciate receiving compensation sooner rather than waiting months or years for a trial to take place.
Settlement agreements also allow both sides to maintain more control over the outcome. When cases go to trial, the decision is placed in the hands of a judge or jury to decide, which can result in unexpected outcomes.
What factors increase the likelihood of a car accident trial?
Although most cases involving car accidents settle, certain circumstances can prompt a case to proceed to litigation. A case may proceed to trial if:
- The insurance company denies liability or claims the injured party caused the crash
- There is a dispute over the severity of injuries or the cost of medical treatment
- The insurance company offers a settlement that does not fairly compensate the victim
- There is disagreement over pain and suffering, lost wages, or future medical needs
- The case involves complex facts, serious injuries, or wrongful death
When the parties cannot settle, the injured party may need to consider filing a lawsuit to pursue full compensation. However, even after they file a lawsuit, many cases are still settled before trial once the evidence becomes clearer during the discovery process.
What happens during a car accident trial?
If a case does go to court, the process centers around presenting evidence to show what happened and how it affected the injured party. Your car accident lawyers may call witnesses, present accident reports, medical records, and expert testimony to support your claim. The insurance company will also present its side. At the end of the trial, the judge or jury determines:
- Whether the defendant was negligent
- Whether the negligence caused your injuries
- How much compensation you should receive
A car accident trial can last several days, weeks, or even longer, depending on the case’s complexity.
Should you accept a settlement offer?
Deciding whether to settle or proceed to trial is a crucial legal decision. A law firm with experience in personal injury, including car accidents, can evaluate:
- The fairness of insurance company offers
- The strength of your evidence
- Your long-term medical and financial needs
Your attorney’s role is to negotiate aggressively while also advising whether accepting a settlement aligns with your best interests.
Schedule a free consultation with our Orlando car accident attorneys at DWK Law today
While most car accident cases settle, some cases go to trial when the insurance company fails to offer fair compensation. Working with our experienced legal team helps protect your rights throughout the process.
If you were injured in a crash, contact DWK Law today at (407) 244-3000 or contact us online to schedule a free consultation with a skilled personal injury attorney. We will discuss your options for recovering compensation for the losses caused by someone else’s negligence.