If you’re seeking compensation for the injuries or losses you sustained in a car crash someone else caused, you may wonder, Do most car accident cases go to court?
Not really. Most claims never make it in front of a judge. They usually get resolved in other ways, often much faster and with less stress for the injured person.
If someone caused an accident that hurt you or a close family member, you’re likely dealing with intense physical and emotional pain along with lost wages and other damages. Read on to learn how car accident cases typically move forward, what factors lead some to trial, and how settlement works.For specific advice and guidance for your case, reach out to a car accident lawyer near you for a free consultation. An attorney can help you decide what steps to take next and represent you throughout the process.
Do most car accident cases go to court?
- No, most car accident cases settle before reaching trial.
- Trials are rare and happen only when fault or compensation is heavily disputed.
- Settlements are faster, less stressful, and more cost-effective for all parties.
- Mediation and pre-trial conferences often help resolve cases without court.
- A lawyer can protect your rights and push for fair compensation from insurers.
How Many Car Accident Cases Actually Go to Trial?
Most car accident claims never make it to a courtroom. While some people picture every case ending in a dramatic court battle, that rarely happens. The majority of claims resolve before trial through direct negotiations or other dispute resolution methods.
The reason is simple: going to court takes time, money, and resources. For both the person who was injured and the insurance company involved, it’s usually faster and more cost-effective to settle.
When trials do happen, it’s often because the insurance company refuses to make a reasonable offer, or the parties can’t agree on who caused the crash. In those situations, a judge or jury may need to decide the outcome.
Every case is different, though. Whether your case goes to trial depends on several factors—like whether you have the right to sue after a car accident, the strength of your evidence, the insurance company’s behavior, and the value of your claim. If you’re unsure about what to expect, a car accident lawyer can walk you through your options during a free consultation.
How Do Most Car Accident Cases Get Resolved?
People often assume going to trial is the only way to get payment for their losses. In reality, though, several paths can lead to a resolution. These methods focus on communication, negotiation, and cooperation, even when the two sides don’t fully agree.
Insurance Settlement Negotiations
After a crash, the first step usually involves insurance companies. The at-fault driver’s insurer assigns an adjuster to look into the crash. They gather police reports, medical records, repair estimates, and other documents to determine how much the claim is worth from their point of view.
Your lawyer presents a demand package that includes all the evidence of your injuries and expenses. This starts the negotiation process. The insurance company might respond with a lower offer. From there, both sides begin to work toward a number they can agree on.
This back-and-forth continues until they reach a settlement or hit a dead end. In many cases, the injured person and their legal team can resolve the claim at this stage.
Mediation and Alternative Dispute Resolution
If early negotiations don’t work, the two sides may turn to mediation. This is a private meeting led by a neutral third party who listens to both sides and helps guide the conversation.
Mediation often works well when both parties want to avoid court but need help getting to common ground. The mediator doesn’t make decisions like a judge would. Instead, they try to help both sides see the value in settling.
Other methods of alternative dispute resolution (ADR) also exist, such as arbitration, though that’s less common in car accident cases unless required by contract.
Pre-Trial Settlement Conferences
In some situations, especially if a lawsuit has already been filed, the court may set a date for a settlement conference. A judge oversees this meeting. Each side presents its view of the case, and the judge may offer input or make suggestions to push toward an agreement.
Judges often point out weaknesses in a case that lawyers might not admit during private talks. This pressure can sometimes convince a reluctant insurance company to improve its offer or back off from unreasonable positions.
These resolution methods help most people avoid the delay, stress, and cost of trial. If the insurance company cooperates and the facts are clear, a fair settlement often comes without a single day in court. But when insurers refuse to be reasonable or deny responsibility, filing a lawsuit might become necessary to protect your rights.
Factors That Determine Whether Your Case Goes to Court
While most cases settle, some do end up in court. A few key factors raise the chances of that happening.
Severity of Injuries and Damages
Insurance companies tend to dig in their heels when large sums are involved. The more serious the injuries, the bigger the potential payout. That often leads to more fighting over the numbers.
If medical issues are complex or long-term, insurers might try to challenge the cause, the treatment, or the future costs. Those kinds of disputes often push cases toward trial.
Disputed Liability
Sometimes, the other driver or their insurance company refuses to accept fault. That happens in crashes involving several vehicles or conflicting witness accounts.
If no one agrees on who caused the wreck, it becomes much harder to settle.
Insurance Company Tactics
Some insurers act in bad faith. They delay, deny, or offer amounts that don’t come close to covering your losses. These moves often leave injured people with no real choice but to take the case to court. When an insurer refuses to handle a claim fairly, a lawsuit might be the only way to force real action.
When Should You Consider Taking Your Case to Trial?
Trial isn’t the goal in every case. But sometimes, it’s the only way to push for full recovery of your losses.
Inadequate Settlement Offers
If the insurance company refuses to offer enough to cover your medical bills, lost income, and other damages, then settlement doesn’t make sense. You and your lawyer may need to weigh whether a jury is likely to award more. That’s often the tipping point.
Clear Liability with Strong Evidence
A trial becomes a stronger option when the other driver clearly caused the accident and there’s solid proof. This might include dash cam footage, police reports, and witness statements. If the defense still won’t budge despite strong evidence, going to court might result in a better outcome.
Insurance Bad Faith
Some insurers have a pattern of dragging their feet or making insulting offers. If they keep delaying or won’t negotiate seriously, filing a lawsuit may light a fire under them—or give a judge the chance to make things right.
What to Do If You Were Injured in a Car Accident Caused by Someone Else
Your actions in the hours and days after a crash can make or break your case. Taking the right steps protects your health and your rights.
Immediate Steps After the Accident
Right after the crash, take these actions if you’re able:
- Call 911. Report the accident and wait for police to arrive. An official report helps show what happened and who was involved.
- Get medical help. Even if you feel fine, get checked by a doctor. Some injuries don’t show up right away.
- Take pictures. Snap photos of vehicle damage, skid marks, road signs, and anything else that might help tell the story later.
- Exchange information. Get the other driver’s name, contact info, license number, and insurance details. Also try to get contact info for any witnesses.
- Don’t admit fault. Stick to the facts when talking to police or other drivers. Even saying “I’m sorry” can be used against you.
If You’re Recovering At Home or in the Hospital
If you’re stuck in bed or a hospital room after the crash, you can still take steps to help your case:
- Have a loved one gather documents. Ask a trusted friend or family member to collect accident reports, insurance letters, and medical records.
- Keep a journal. Write down how you feel each day, what symptoms you experience, and how the injuries affect your normal life. This can show how the accident impacted you beyond just medical bills.
- Follow medical advice. Go to all your appointments, take prescribed medications, and follow treatment plans. Gaps in care can raise red flags later.
- Save everything. Keep receipts for prescriptions, medical equipment, transportation costs, and any out-of-pocket expenses.
Protecting Your Legal Rights
Insurance companies want to close claims fast and for as little money as possible. They may call within days offering a settlement. Here’s how to protect yourself:
- Don’t give a recorded statement. The insurance adjuster might ask for one, but their goal is often to find a reason to reduce or deny your claim. Talk to a lawyer first.
- Don’t sign anything. Some forms could release your rights without you realizing it.
- Avoid posting about the crash online. Insurance companies often check social media and look for ways to use your posts against you.
- Track everything. Organize all records, bills, letters, and reports. Having a full paper trail makes it easier to show what you went through.
When to Contact an Attorney
You don’t need to wait for trouble to reach out for help. In fact, the sooner you speak with a car accident lawyer, the more they can do to protect you. Early legal support can:
- Stop insurance companies from pressuring you. Your attorney handles all communication so you don’t say something that could hurt your case.
- Strengthen your claim from the start. A lawyer can gather evidence, interview witnesses, and help calculate the full value of your losses.
- Keep you from missing deadlines. In Texas, the statute of limitations usually gives you two years from the date of the crash to file a lawsuit. If you miss it, your case could be dismissed.
If someone else caused your injuries, you shouldn’t be stuck with the costs. A free consultation with a car accident lawyer gives you the chance to ask questions and get clear on your options without taking on any risk.
How Our Attorneys Can Help
The legal team at AMS Law Group knows how to deal with insurance companies. We focus on helping injury victims recover what they need to move forward.
Maximizing Your Settlement Value
We review every part of your case to uncover every damage you’re owed. We know how to calculate costs for medical care, future treatment, missed income, and even pain and suffering.
Our team handles negotiations with the insurance company from start to finish. We also bring in medical professionals and crash analysts to support your case when needed.
Protecting You from Insurance Tactics
You won’t have to talk to adjusters or worry about what to say. We take over all communication. That keeps insurers from taking advantage of you.
We’ll also help you avoid mistakes that could hurt your claim, like missing deadlines or giving the wrong kind of information.
Trial Preparation When Necessary
If your case can’t be resolved fairly through a settlement, we’ll build a strong case for trial. We collect evidence, interview witnesses, and prepare thoroughly.
You won’t pay anything upfront. Our firm uses a contingency fee model, so we only get paid if we recover money for you.
Contact Our Texas Auto Accident Lawyers Now
Insurance companies don’t always play fair. They use tactics that leave injured people with less than they need to recover. Legal representation gives you a fighting chance.
AMS Law Group understands how to handle these cases. We don’t let insurers lowball your claim or drag the process out. Our team works to get you a result that reflects the real cost of the accident.
Your first consultation is free, and you don’t pay unless we recover money for you. We only get paid if you do.
Time limits apply to every case, and the longer you wait, the harder it gets to collect evidence and build a strong claim. Contact AMS Law Group today for a no-cost case review and let us help you move forward.
Frequently Asked Questions About Car Accident Cases
How Long Do Car Accident Cases Take to Resolve?
Simple cases may settle within a few weeks or months. When a lawsuit is needed, it can take one to two years or longer. Delays often come from the insurance company’s side or from the court’s schedule.
Will I Have to Testify in Court?
Most people don’t. If your case goes to trial, you might have to testify. But even then, your lawyer will prepare you. You may also give a deposition, which is a recorded statement made under oath before trial.
What If the Other Driver Doesn’t Have Insurance?
You might still recover money through your own uninsured motorist coverage. If that’s not available, your lawyer can look into other sources of compensation, like third-party claims or employer liability if the driver was on the job.
Can I Still Recover Compensation If I Was Partially at Fault?
Yes. Texas follows a system called comparative negligence. If you were less than 51% at fault, you can still recover a portion of your losses. Your share of the blame reduces your recovery, but it doesn’t wipe it out completely.