Will My Car Accident Case Go to Trial?

Even if negotiations with the insurance company fail to bring you the result you need after a car accident, and you decide to pursue a personal injury claim in court to obtain fair compensation, it is unlikely your car accident case will proceed all the way to trial. In most cases, the insurance company or at-fault party will seek a settlement in order to avoid the risks and legal costs associated with trial, and depending on the facts of your case, a settlement may be in your best interest as well. However, there are some cases that do go to trial. And the most important thing you want to do is hire the best attorney for the job if that ends up happening. (The KWF legal team has significant experience in taking cases to trial and winning. See one of our recent wins here.)

Generally, settlements are less time consuming, less expensive, and less risky than trial. Trials are also stressful. You may be subjected to examination and cross-examination on the witness stand, and your character may even be called into question. With a settlement, an agreement is negotiated, the insurance company pays you compensation for your damages that you find acceptable, and the matter is concluded.

If the insurance company chooses not to treat you fairly, it may be necessary to provide the insurer with more information to back up your position, and to obtain more information about the insurance company’s position as well. The best way to get this information is typically through filing a personal injury lawsuit.

During the ensuing litigation process, we will be able to obtain further information from the insurance company or at-fault party—now the defendant.  We will also we share information that the defense is entitled to so they may, hopefully, evaluate your claim fairly. This may include pictures, witness statements, video of the accident, evidence of your injuries and medical treatment, or property damage information. Once both sides have all necessary and available information to thoroughly evaluate the claim and its merit, we will again try to agree on a settlement amount. It some cases when we cannot resolve issues through direct negotiation, a mediator may be used to facilitate our discussions.

If the defense still fails to treat your car accident claim reasonably and fails to offer you a fair settlement amount, we are prepared to try the case in front of a judge or jury to obtain compensation on your behalf.  Many times, even if the case actually proceeds to trial, the case may still settle before a final verdict or judgment is rendered.

Our attorneys can help you determine your best course of action after sustaining an injury in a vehicle accident. Please contact our offices in Atlanta at (404) 460-0101 for more information about our services, and to schedule a free initial consultation to discuss your options for recovering compensation.