Every case is different. Some car accident claims settle soon after the victim completes medical treatment, and others involve months of pre-trial discovery and a full-blown trial.
Whether your case goes to trial depends on a lot of variables that are hard to predict, but speak with your lawyer if you have any questions or concerns about your case.
Factors That May Result In Cases Going to Trial
It is impossible to reliably predict which cases will settle and which will go to trial because the outcome depends on many factors outside the control of your car accident lawyer. Some of these factors include:
- If you have significant injuries or suffer complications, your case might have to wait until your doctors can determine how much function you will recover. It is hard to calculate all your damages before we know how much your economic losses will be. For example, if you will be able to return to work after a spinal cord injury.
- If the cause of the accident is in dispute, we might hire an accident reconstruction expert. Expert witnesses can add months to a case, although they can provide vital information for the court.
- Sometimes an insurance adjuster plays hardball and refuses to enter into fair settlements, forcing claims to trial.
- Another scenario that can force a case to trial is when the insurance company denies your claim.
Talk to Your Lawyer About Whether to Go to Trial
There may be some cases where your lawyer will recommend taking the case to trial.
For example, your case might involve a question as to who was at fault. If more than one person acted negligently and led to the crash, the parties can disagree as to the proportion of responsibility of each person.
You might think the other driver was 90 percent at fault, and he might swear it was 50-50. Sometimes the only way to get you the compensation you deserve is to take your case in front of a judge.
Also, your lawyer may recommend going to trial if the insurance company continues to deny your claim and does not offer a fair settlement.
Even if we have to file a lawsuit for your damages, most lawsuits settle without having to go to trial. As the parties gather evidence during the pre-trial discovery stage, they share information that makes settlement more likely.
How Montero Law Center Can Help You
Regardless of whether your car accident case settles soon after you finish your medical treatment or goes through a long trial, the Montero Law Center will be with you every step of the way.
Our legal team will investigate your accident and deal directly with the insurance company on your behalf. We will gather evidence to build your case and handle the pre-trial discovery. If your case does not settle out of court, we will take your car accident case to court.
Call a car accident lawyer today at 954-767-6500 for a free case evaluation.