Car accident cases are often settled outside of court through insurance negotiations, which can be one approach to resolution. Multiple parties in some cases (such as multi-vehicle pile-ups, commercial truck collisions or accidents involving rideshare vehicles) choose to avoid the litigation route.
This could be because parties involved prefer to avoid the expenses and time associated with trials, or they might be looking for a quicker resolution through settlement. Unfortunately, not going to court can sometimes mean missing opportunities to fully address the true value of your injuries and long-term impacts.
Instances when court may be your best option
Going to court allows your car accident case to be presented before a judge and jury who can properly evaluate your damages. Here are five situations where that might be helpful:
- Insurance companies refuse fair compensation: When the insurance company offers much less money than your case is worth, even after your attorney tries to negotiate.
- Severe injuries result in long-term disability: When you can’t work like before and need money for future medical care that the insurance won’t cover.
- The other driver denies fault despite clear negligence: When the other driver was clearly texting or driving drunk but won’t admit they caused the crash.
- Your medical expenses exceed policy limits: When your hospital bills and treatment costs are more than what the insurance policy will pay.
- Insurance acts in bad faith during negotiations: When the insurance company keeps delaying your claim, denying clear facts or trying to trick you into accepting less.
Not all car accident cases should be settled quickly. This is especially true in the cases where insurance companies put their profits ahead of your recovery needs. You deserve compensation that truly covers your injuries, lost wages, and the pain you’ve experienced.
Starting the court process
Starting a court case begins with filing legal papers called a “complaint” that explains what happened and why you deserve compensation. You will need to handle gathering evidence, taking statements from witnesses, and working with medical professionals who can explain your injuries to the court.
The other side will have a chance to respond, and both sides will share information in a process called “discovery.” Consulting an attorney can be beneficial in these cases. They can help you fight to get you the money you need to move forward with your life.