Will My Car Accident Claim End up in Court?

courtroom steps

There’s so much to do in the wake of a collision that taking legal action is often the last thing on a victim’s mind. Considering just how quickly the damages can add up, though, you should proceed with a claim if you have valid grounds. Otherwise, you could be leaving a considerable amount of money on the table. 

If you’re still on the fence about proceeding because of the associated hassle, you can take comfort in the fact that most car accident claims don’t make it all the way to court. As long as you build a strong case against the liable party, there’s a good chance the insurance adjuster will be inclined to negotiate. 

There’s also a chance, however, that your claim will be one of the few that does go to trial. While there’s no way to predict with 100 percent certainty which cases will end up in court, there are a few factors your attorney can evaluate to determine whether litigation is likely on the horizon. Read on to learn what those factors are:

1. The Strength of the Evidence Backing Your Claim 

Generally speaking, insurance adjusters only offer settlements to those who clearly have a strong case against their policyholder. If you cannot convince the opposing party of liability and damages, they’re going to assume you won’t be able to convince a judge or jury, either. As such, they won’t have any incentive to negotiate in an attempt to keep the claim out of court. 

Keep in mind, however, that the opposing party may not release certain pieces of evidence without legal pressure. In other words, bringing an action is sometimes the only way to put together a strong case. After reviewing the circumstances surrounding your claim and the kinds of proof that are readily available, a seasoned car accident attorney can let you know whether settling is likely or a more aggressive approach will be necessary. 

2. The Amount of Compensation You’re Seeking

Insurance carriers are businesses like any other, which means they need to protect their bottom line. As such, they’re not going to hand out six- and seven-figure settlements without putting up a fight.

If you sustained catastrophic injuries and you’re seeking hundreds of thousands—or millions—of dollars in damages, there’s a good chance you’re going to have to ask the courts to get involved. 

3. The Role You Played in the Accident 

Liability disputes are one of the most common reasons why car accident claims end up going to court. If the insurance adjuster feels they can shift some—or all—of the blame your way, they’re unlikely to offer a fair settlement. In such a scenario, you may have no choice but to take them to court. 

Speak with a Jackson Car Accident Attorney 

Are you wondering whether filing a car accident claim could be worth your while? To determine if you should proceed, turn to Brown Bass & Jeter PLLC. 

Our aggressive team is determined to see every case through to the end. If that means going all the way to trial just so a claimant can pursue what they deserve, we will. To schedule your free case review with a car accident lawyer in Jackson, complete our Contact Form or call 601-487-8448.

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