Car accidents can be life-altering. Beyond the physical injuries, victims often face mounting medical bills, lost wages, and an overwhelming amount of stress. If you’ve been in a car accident in Southeast Missouri, our Cape Girardeau car accident lawyer will help you and may be wondering what comes next. One pressing question many accident victims ask is, “Will my car accident claim go to court?”
The truth is, a majority of car accident claims are resolved long before they see the inside of a courtroom. However, every situation is unique, and certain factors could make it necessary to take your case to court. Understanding this process can help you feel more prepared as you seek compensation for your injuries and losses.
Why Most Car Accident Claims Settle Out of Court
Most car accident claims are resolved through settlements instead of going to trial. The settlement process involves both parties—typically you and the at-fault driver’s insurance company—coming to an agreement on the amount of compensation you’ll receive. There are a few key reasons why parties often prefer to settle:
- Faster Resolution: Court cases can take months or even years to come to a conclusion. By settling, most accident victims are able to secure compensation much more quickly. This speed is especially important when you’re facing urgent medical bills or other pressing financial concerns.
- Lower Costs: Trials can become expensive. Attorney fees, expert witnesses, and court costs can add up quickly. Hiring personal injury attorneys work on a contingency basis (meaning no upfront fees), some victims prefer to avoid the added expense and stress of litigation.
- Certainty: Settlements offer a degree of certainty that trials don’t. When you go to court, the outcome is left in the hands of a judge or jury. With a settlement, you have control over the terms of your compensation, which can be reassuring during an already unsettling time.
- Less Emotional Strain: Legal battles can be emotionally exhausting. Settlements spare victims the often intense scrutiny, cross-examinations, and re-living of traumatic events that may come with a trial.
Although settlements are common, there are instances when going to court may be your only option for full and fair compensation. Understanding whether your case is likely to settle or proceed to trial starts with examining the facts of your accident and the behavior of the insurance companies involved.
Factors That Influence Whether a Case Goes to Court
Each car accident claim is as unique as the individuals involved. While most claims settle, certain circumstances make litigation more likely. Here are some factors that can influence whether your case could end up in court:
Disputed Liability
Liability is often the crux of any car accident claim. For your case to move forward smoothly, the at-fault driver’s insurance company needs to agree that their client caused the car accident. Unfortunately, disputes about liability are common. The at-fault driver might claim you were speeding or distracted, even if you know that they ran a red light or rear-ended you.
Without clear evidence, such as traffic camera footage or an unbiased police report, determining who bears responsibility can become a legal gray area. Insurance companies may leverage this uncertainty to deny your claim or offer a minimal settlement. If liability remains contested during negotiations, you might have no choice but to take the matter to court, where a judge or jury can weigh the evidence and decide who is truly at fault.
Severe or Complex Injuries
The severity of your injuries often determines the value of your case—and high-value claims frequently face resistance from insurance companies. For instance, if you sustained a spinal cord injury or traumatic brain injury, you could require surgery, ongoing rehabilitation, or even lifetime care. Such life-altering injuries warrant significant compensation, covering medical expenses, lost income, future care needs, and your pain and suffering.
Unfortunately, insurance companies tend to fight harder against claims involving substantial payouts. They might argue that your injuries aren’t as severe as you claim, or that they stemmed from a prior condition rather than the accident. This is where litigation can become necessary. A court trial allows you to present expert testimony, detailed medical evidence, and other proof to demonstrate the true extent of your injuries and secure the compensation you need and deserve.
Unfair Settlement Offers
Even when liability is not disputed, some insurance companies intentionally offer settlements that don’t come close to covering your losses. Their goal is to pressure you into accepting less than you deserve, banking on the fact that you might be struggling financially or eager to resolve the claim quickly. For example, their offer might only cover a portion of your medical expenses, leaving nothing for lost wages or the emotional toll you’ve endured.
If negotiations stall and the insurer refuses to increase their offer, you may need to explore litigation as a way of pursuing fair compensation. While filing a lawsuit takes more time and effort, it sends a strong message that you’re serious about holding them accountable for treating you fairly under the law.
Insurance Company Tactics
Insurance companies are, at their core, businesses with a vested interest in protecting their own profits. Some employ aggressive tactics to undermine claims, such as delaying the process, denying valid claims outright, or minimizing the seriousness of your injuries. They might wrongfully argue that your accident-related costs are inflated or request endless amounts of documentation to wear you down. Worse, they might even attempt to blame you for the accident, leveraging tactics to weaken your credibility or discourage you from pursuing your claim.
When faced with these obstacles, turning to the courts can be a way to compel the insurer to act in good faith. A trial allows you to hold the insurance company accountable for its bad practices while arguing the facts of your case before an impartial judge or jury.
Your Willingness to Settle
You, as the victim, also play a role in determining whether a case heads to court. Sometimes, even when the insurance company offers a fair settlement, you may feel that standing before a judge or jury is the best way to seek justice. This might be the case if you strongly believe the responsible party should be held accountable on a public stage, or if you think the offered settlement doesn’t adequately address the impact the accident has had on your life.
While litigation requires patience and commitment, many accident victims find peace of mind in having their side of the story heard in court. Knowing that you have a choice in this process allows you to advocate for what feels right for you and your family.
Presence of Multiple Parties
Car accidents involving multiple drivers can lead to complicated legal disputes. For instance, if you were involved in a multi-car pileup on a busy Cape Girardeau roadway, sorting out who is responsible isn’t always straightforward. Each driver’s insurance company may attempt to place blame on someone else, resulting in a situation where no one wants to accept responsibility. You might also encounter cases where fault is shared among several parties, making negotiations incredibly challenging.
Litigation can help untangle these complexities by introducing evidence like expert accident reconstruction or testimony from witnesses. A court trial ensures every party involved is held accountable based on their level of fault, providing you with a clearer path to recovering the compensation you’re owed.
While these factors can make going to court more likely, many of them can be addressed during settlement negotiations with the help of an experienced SEMO car accident lawyer.
What Happens During the Settlement Process?
The settlement process typically begins when you file a claim with the at-fault driver’s insurance company. Here’s how it commonly unfolds:
- Filing Your Claim: First, you’ll notify the at-fault driver’s insurer of your intent to seek compensation. This starts the negotiation process.
- Reviewing the Evidence: Both sides will thoroughly investigate the accident. You’ll provide documentation like police reports, medical records, and witness statements. The insurance company will also conduct its own review.
- Negotiating a Settlement: The insurance company may offer you a settlement amount. This initial offer is often much lower than what you deserve. With an attorney’s help, you can counteroffer and present a strong case for higher compensation.
- Mediation (If Applicable): If negotiations stall, some cases go to mediation. This is a process where a neutral third party helps both sides reach a resolution without going to court.
- Accepting or Rejecting the Offer: Once a fair settlement offer is on the table, it’s up to you to decide whether to accept it. If you’re unable to agree on a fair amount, litigation might be the next step.
What to Expect if Your Case Goes to Court
For some accident victims, a court trial may be unavoidable. While this may seem intimidating, understanding what to expect can make the process feel more manageable.
- Filing a Lawsuit: If negotiations fail, your attorney will file a formal lawsuit. This typically involves serving legal documents to the at-fault driver or their insurance company to begin the court process.
- Discovery Phase: During discovery, both sides exchange evidence and build their cases. This can include witness depositions, accident reconstruction reports, and additional medical evaluations. This process can take time, but it’s a crucial step in building a strong case on your behalf.
- Pre-Trial Motions: Before the trial, your attorney and the defense might file motions asking the court to rule on specific issues. For example, they might attempt to dismiss certain evidence or even parts of your case.
- Trial: At trial, both sides present their arguments to a judge or jury. Your attorney will use evidence to demonstrate how the accident has impacted your life. This might include calling witnesses, such as medical experts, to testify about your injuries.
- Verdict: Once both sides have made their cases, the judge or jury will decide the outcome of your claim. If you win, you’ll be awarded compensation. If not, you may have the option to appeal the decision.
How You Can Prepare
If you’re worried about going to court, remember that you don’t have to face this process alone. Start by focusing on gathering as much evidence as possible to support your claim. This can include photos of your injuries, medical records, and detailed notes about how the accident has affected your life. Hiring an experienced car accident attorney is also critical. An attorney can handle complicated legal paperwork, negotiate on your behalf, and represent you in court if necessary.
When to Seek Legal Help
Phillip J. Barkett, Jr.,
Cape Girardeau Car Accident Lawyer
If you’re dealing with the repercussions of a serious car accident in Southeast Missouri, you may already feel overwhelmed. The idea of negotiating with insurance companies—or preparing for a court battle—can feel impossible when you’re coping with injuries and emotional trauma. That’s why having a trusted SEMO car accident lawyer by your side can make a world of difference.
At Cook, Barkett, Ponder & Wolz, we understand what you’re going through. Our team has years of experience helping accident victims in Cape Girardeau, Sikeston, Bloomfield, and throughout Southeast Missouri. We believe in treating every client with compassion, care, and unwavering dedication. Whether your case is resolved through settlement or requires a trial, we have the Cape Girardeau personal injury lawyer expertise and resources to fight for the justice and compensation you deserve.
If you or a loved one has been injured in a car accident, don’t wait to take action. Contact Cook, Barkett, Ponder & Wolz today at (573) 335-6651 or through our online form for a free case evaluation. Together, we can help you move forward and start rebuilding your life.