Attorney
If you or a loved one suffered an injury in a car accident, you probably have a lot of questions. Who will pay for my medical bills? How long will it take to get a settlement? When does a car accident go to court? The car accident attorneys at Koonz, McKenney, Johnson & DePaolis, LLP can answer these questions and provide peace of mind.
Do Car Accidents Go to Court?
Car accident claims can go to court, but they usually don’t. State law requires drivers in Washington, D.C., Virginia, and Maryland to purchase liability insurance to pay for car accidents they cause.
As a result, most injured people settle car accident cases by filing an insurance claim, rather than going to court. When injured parties agree to an out-of-court settlement, they release the liable party from further car accident-related liability.
However, sometimes parties can’t resolve their case through an insurance claim. When this happens, the injured party may file a personal injury lawsuit.
Only about 4% of personal injury suits go to trial. Even after filing a lawsuit, the parties can agree to an out-of-court settlement instead of going to trial. Most do because out-of-court settlements usually save everyone time, money, and inconvenience.
Why Is My Car Accident Claim Going to Court?
There are several reasons why a car accident claim may go to court.
Insurance Company Offers a Settlement That Is Too Low
Insurance companies are for-profit businesses. They generally attempt to settle claims for the least amount of money possible.
Sometimes they may offer a settlement that isn’t enough to compensate you for your damages. This can happen for several reasons.
The insurance company may believe you are exaggerating the extent of your injuries or trying to get paid for injuries that existed before the accident. The insurance company may not think that your injuries are serious enough to cause the amount of missed work or reduced future earnings you are claiming.
The insurance company may offer a lower amount of general damages, such as pain and suffering, than you believe you deserve. When this happens, you may need to pursue a personal injury lawsuit to obtain a fair settlement.
Claim Involves a Large Potential Settlement
Lawsuits can be expensive and time-consuming. The more money a case involves, the more likely the parties are to be willing to go to court for a car accident case.
Insurance Company Denies Your Claim
The insurance company may deny your claim because of a coverage issue or because it doesn’t believe it owes anything on your claim. If this happens, you may need to pursue a lawsuit to recover compensation.
Disagreement Over Who Caused the Accident
Sometimes, it is obvious who caused an accident, but often both parties think the other is at fault. Because D.C., Virginia, and Maryland have contributory negligence laws, a party who contributes at all to their own loss can’t collect damages from another party.
If the insurance company decides you contributed to your accident, it may deny your claim. If this happens, you will need to file a lawsuit and prove your case in court to get a settlement.
Who Decides If a Car Accident Claim Goes to Court?
The injured party is primarily responsible for deciding whether to pursue a lawsuit. Your car accident attorney will advise you about your options, but you don’t have to take your lawyer’s advice.
However, if the other party thinks you caused the accident and decides to sue, you will need to respond to the lawsuit whether you want to go to court or not. The involved parties can continue to attempt an out-of-court settlement before the trial starts.
In Washington, D.C., you have three years from the date of the accident to file a lawsuit. If a loved one dies in a car crash, you must file suit within two years of their death.
What Happens If My Car Accident Claim Goes to Trial?
A personal injury trial for a car accident involves multiple steps.
Lawyers Select a Jury
Unless you opt for a bench trial, the lawyers for both parties will select jurors from a pool of potential candidates. The selected jurors will then take an oath promising to reach a verdict based only on the evidence the parties present at the trial.
Attorneys Make Opening Statements
Once the jury has sworn their oath, both attorneys will make an opening statement that summarizes why the jury should decide in their client’s favor. The opening statements generally provide a summary of the facts of the case and the evidence each side will present.
Both Sides Present Evidence
The bulk of a car accident court case involves each side presenting evidence that proves who caused the accident, what damages resulted, and the value of those damages. Examples of evidence may include:
- Testimony of both drivers and any witnesses
- Expert opinions
- Medical records
- Photographic or video evidence
Each attorney may attempt to disprove the evidence submitted by the other side through cross-examination.
Attorneys Make Their Closing Arguments
The trial ends with a closing statement from each attorney that summarizes their case. The jury will then leave the courtroom to consider the evidence.
Judge or Jury Considers the Evidence and Makes a Decision
The judge or jury will review the law and the evidence and decide in favor of the plaintiff (the person who filed the lawsuit) or the defendant (the person whom the lawsuit was filed against). For the plaintiff to prevail, the jury must decide their version of events was more likely to be true than not.
If the jury decides in favor of the plaintiff, it will also determine a settlement amount. However, the judge can reduce the settlement in some cases.
Where Can I Get Help If My Car Accident Claim Goes to Court?
An experienced car accident attorney knows when a car accident is likely to go to court, but no one can say for sure. For this reason, it is a good idea to contact a car accident attorney at Koonz, McKenney, Johnson & DePaolis, LLP immediately after your accident.
Your attorney will review the facts of your case and advise you about all of your options. There is no charge for an initial consultation and we only take a fee if you receive compensation. Contact us today to schedule your free consultation.