Will My Auto Accident Case Go To Trial Or Will It Be Settled?

When you file an auto accident claim, it should be your hope that it will settle out of court. Going to trial can be very time-consuming and stressful. That being said, you should make sure your attorney is prepared to go to trial on your behalf.

Some other attorneys refer their cases to other lawyers as soon as it could potentially go to court. Insurance adjusters know this, and will delay your claim, knowing that your attorney isn’t willing to go all the way.

It is impossible to predict whether your case will be settled or will go to trial, but here are some factors that can influence whether or not you will be able to reach a settlement:

Is liability clear?

Accidents where liability is difficult to assess, or where there are two different versions of the facts, will be more likely to go to trial, but this doesn’t mean you should feel discouraged. You just need an attorney who is going to fight to make sure the insurance company and the court hears your version of the facts.

Did the other driver leave the scene?

Accidents where there is no defendant can be difficult to settle because the insurance company will often question the validity of the claim. With an experienced attorney on your side, you can make sure that you have all of the necessary evidence.

Are your medical issues properly documented?

When you have organized medical records that properly document your injury, you will be more likely to get a settlement. Sometimes medical records being poorly drafted is not your fault. This is why you need an attorney to take a deposition of your doctor if necessary, and to organize and request medical records to be used as evidence in your case.

Did you file your claim as soon as possible?

If you are close to your statute of limitations or if you did not report your accident in a timely manner your case will be more likely to go to trial.

Is the insurance company being reasonable?

Finally, there is one factor in your car accident case that is the wild card: the insurance company. Sometimes, there is no real reason as to why some cases are settled and others go to court. Sometimes the insurance company is just plain unreasonable, or wants to make an example out of a claim. In these situations, you need an attorney to keep pressing forward with your case to protect your right to compensation for your injuries.

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Matt's success as an insurance defense lawyer actually prompted him to change his career focus and go to work representing injured people.

I can't stand bullies. I discovered, when I did insurance defense work, that insurance companies were in a position to take advantage of people whose lives had been turned upside down because of the wrongful conduct of insured policy holders. While I had success in the courtroom on behalf of our insurance company clients, it left me convinced I was working for the wrong side. After winning a case I should not have won, I quit my job and went to work representing injured people. I vowed that I would never again represent an insurance company.

Matt continues:

People come to us having suffered tragic, horrendous harms and losses. I frequently see people whose entire lives, and the lives of their families, have been devastated by someone else's wrongful conduct. These wrongdoers are almost always represented by insurance companies. That's where we come in. We're able to level the playing field and to make sure that no one we represent is going to get pushed around or exploited by an insurance company.

Schedule A Free Personal Injury Consultation

Our highly-qualified attorneys are ready to win your case.

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