- June 28, 2022
- Kelvin Birk
- Personal Injury
Every minute of the day, around six car accidents occur in the country. Many of these result in injuries, while others result in a fatality, according to information provided by the National Highway Traffic Safety Administration (NHTSA). As a result, hundreds of motorists are injured daily, and many of these will bring a personal injury lawsuit against the driver who caused the accident. While the specific figures aren’t available, most of them (about 95%) will agree to a settlement before their case goes to trial.
If you are wondering, “what percentage of car accident claims go to trial,” you’re in the right place – approximately 5% of all car accident claims will go to trial.
The Top Reasons Car Accident Claims Go to Trial
There are a few reasons a car accident case may go to trial. A common cause of this is that an insurance company may be unwilling to negotiate and offer a fair settlement. If an insurance representative is constantly low-balling the settlement or trying to encourage the accident victim to accept a low offer, attorneys for the victim may have to take the case to court to get a fair settlement amount.
Quality motor vehicle accident attorneys won’t be afraid to represent their clients in court. Some of the other reasons that your car accident case may move into the trial phase include things like:
- Multiple defendants are involved
- Disputes regarding who is to blame for the accident
- Legal complexities.
In most situations, both parties involved in a car accident case don’t want to have to go to court and have their case determined by a judge or jury. That’s because it is a time-consuming and expensive process. In fact, court cases may last for weeks — or even months — and it’s expensive to hire the proper investigators to find out everything about the situation and hire expert witnesses to testify during the trial.
How Long Does a Court Hearing Last for a Car Accident?
Unfortunately, this question doesn’t have a single answer that applies to all cases. The time a car accident trial can last varies. After all, no two cases are the same, and how much time you must spend in court and on the trial depends on several things. These factors include:
- How strong your opponent’s case is
- How many defendants are involved
- How many witnesses there are
- How severe your injuries are
- Who is at fault
- How strong your case is.
A car accident trial may last days or several weeks. In some situations, the process may even last for more than a year before the trial even starts. Your case is unique, which means talking to an attorney can help you better understand your situation and your rights. They can review the facts of your case and help you better understand what factors will come into play and how long the case may take to settle or resolve in court. Keep in mind that you have five years after an accident to file a car accident lawsuit in Missouri, so it’s best to reach out to a car accident attorney as soon as you can.
The Trial Process for Car Accident Claims
It’s estimated that around five percent of all car accident cases will wind up at trial. If you have a contested claim, there are a few different phases that your case could move through. Understanding what these are is important and will help you better understand the process.
These phases include:
During the discovery phase, your attorney will acquire evidence, review the police reports related to the accident, interview witnesses, investigate the scene of the accident, research the laws and statutes related to the case, and start to develop a successful strategy.
In the negotiation phase, your attorney will negotiate with the defendants and their insurance providers to help them arrive at a fair settlement. The goal is to get a fair amount of compensation for the injuries and damages sustained in the car accident. If it’s possible to receive a fair settlement, you may not have to take the case to court. However, if this is not possible, then the case will probably be litigated in the courtroom.
Arguments and Trial
During this phase, you will spend time in court. The car accident attorney you hire will develop arguments and show evidence to support your claims. They will also secure testimony from experts to explain the severity of your injuries and the long-term prognosis.
Verdict and Award
The jury will issue a verdict for your case during this phase – hopefully in your favor. It is also when a monetary value for your case is determined.
No matter the route your case goes, the right attorney will help you get the best possible outcome for your case and the injuries and damages you suffered.
The Most Common Injuries That Occur in Car Accidents
No matter whether you are involved in a side-impact crash, T-bone accident, head-on collision, or something else, the results can be life-changing. Some crash victims will spend several weeks, or even months, trying to recover from the different injuries they sustain. Also, some victims will have permanent disabilities.
The impact of a car accident can last for a person’s lifetime, and some of the most common injuries that occur include:
- Spinal injuries, neck strain, or whiplash
- Organ damage
- Injuries to the back
- Broken bones
- Puncture wounds, lacerations, and cuts
- Internal bleeding
- Persistent anxiety and phobias
- Wrongful death.
Unfortunately, thousands of people are involved in car accidents each year. Many of these result in serious injuries and fatalities. If you are involved in an accident, you may be in the hospital for several weeks and experience head trauma, back injuries, and other long-lasting issues.
If you are injured in a car accident caused by someone else, you may be able to recover compensation. It’s best to work with a car accident attorney to know for sure.
Don’t Wait to Contact an Attorney for Help with Your Car Accident Claim
Being involved in a car accident is something that’s extremely overwhelming. In addition to suffering pain from your injuries, you may be unable to work for an extended amount of time. You deserve to recover compensation for your financial losses, injuries, and other damages if this happens. The best thing you can do to help ensure you get the compensation you deserve is to contact our legal team at Birk Law Firm by calling (573) 332-8585. Our professional legal team is ready to provide you with the aggressive defense you need and deserve in order to get the compensation you are owed.
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas. [ Attorney Bio ]