After a car accident, one of the main concerns people have is whether their claim will end up in court. Trials can feel intimidating, time-consuming and uncertain, especially when you are already dealing with the injuries, medical bills and time away from work.
Fortunately, most car accident claims are resolved through settlement negotiations. Courtroom trials are uncommon in California car accident cases, but they do happen. Understanding why can help you set realistic expectations and make informed decisions.
When a trial becomes more likely
A trial may be necessary if there are disputes about fault or if the insurance company refuses to offer fair compensation. Disagreements over future medical care, lost earning capacity or pain and suffering can also push a case toward trial.
What happens if your case goes to trial?
If your case proceeds to trial, both sides will have an opportunity to present evidence, call witnesses and make arguments before the court. The process can be lengthy and detailed. You’ll attend hearings, provide testimony and respond to questions from the other side. Your medical records, accident reports and expert opinions may all be scrutinized.
At the end of the trial, the judge or jury will decide whether you’re entitled to compensation and, if so, how much. It’s also worth noting that both parties have the right to appeal, which can further extend the time it takes to resolve the case fully.
Weigh your options carefully
Many people choose to settle rather than go to trial because settlements offer faster resolution, certainty and often lower legal costs. That said, a trial may be the only way to obtain full compensation in some situations.
Seeking qualified legal guidance can help you understand the strengths and weaknesses of your case and evaluate whether a settlement or trial is in your best interest.