Will My Car Accident Claim Go to Court?
Navigating legal proceedings isn’t easy, especially when you’re recovering from serious injuries. Put another way, if you were hurt in a car accident, you may be wary of filing a claim, even it if means sacrificing the compensation that could result.
Fortunately, most personal injury claims don’t make it all the way to court. While arriving at a settlement isn’t necessarily easy either, it’s considerably less hassle than going to trial.
Of course, it’s still important to be realistic when commencing the proceedings. Therefore, you should be prepared for the possibility of having to file a formal lawsuit.
If you’re wondering what the likelihood of such a scenario is, read on. Here are the kinds of factors that can influence the trajectory of your car accident claim:
1. The Strength of the Evidence
Generally speaking, the stronger the evidence of the liability, the more motivated the claims adjuster will be to settle. On the other end of the spectrum, presenting evidence that’s questionable at best can increase the likelihood of going to court.
If the opposing party does not think your case will hold up at trial, they’re not going to be inclined to offer a fair settlement. As such, filing a formal lawsuit may actually be the only way to seek the compensation you deserve.
This is assuming, however, that the claims adjuster misjudged your case and you do have compelling evidence of liability. Otherwise, taking them to court may not yield the resolution you’re hoping for and could end up being futile.
2. The Severity of the Damages
Claims adjusters don’t typically agree on seven-figure settlements—or even high six-figure settlements—without first putting up a fight. They want to protect the carrier’s bottom line, after all, and that means negotiating for the lowest payout possible.
Put another way, if you’re seeking a sizable sum, there’s a chance the carrier won’t agree to pay it unless they’re ordered to do so by a judge. While there are no guarantees in court, it’s at least worth seeking a judgement if you can present convincing evidence of both liability and damages.
3. The Complexity of the Case
At the end of the day, more complex car accident claims are usually harder to settle. When certain aspects of the case are not entirely clear to all parties, agreeing on a fair payout is virtually impossible. Factors that can make an action especially complicated—and, subsequently, increase the likelihood of litigation—include:
- More than one at-fault party,
- Victims with catastrophic injuries, and
- Multiple insurance policies to draw from when doling out compensation.
Call 772-266-5555 to Speak with a Car Accident Attorney in Stuart
Whether your car accident claim is settled or ends up going to trial, you can count on the team at Donaldson & Weston to assist every step of the way. We’ve helped hundreds of clients navigate personal injury proceedings, and you can be sure we’ll put our experience to work for you, too. Call 772-266-5555 or complete our Contact Form to set up a free initial consultation with a car accident lawyer in Stuart.
