Many personal injury victims are intimidated by going to court, so they may not even pursue their right to compensation after being injured due to someone else’s negligence. However, most personal injury cases don’t wind up in court. If they do, an experienced Carlsbad injury lawyer can guide you through the process.
Likelihood of Injury Cases Going to Court in California
According to the National Center for State Courts, around 3% of tort cases reach trial. The vast majority of personal injury cases instead end with a settlement, typically with an insurance company. Even if the insurance company initially denies your claim, your case may end before trial if your lawyer negotiates a settlement or you reach one in mediation. Insurance companies often want to avoid trials due to the possibility that a jury will award large verdicts to claimants.
Steps Involved in Cases Going to Court
Before your case would ever end up at trial, it would likely go through the following stages:
- Investigating the accident
- Filing an insurance claim
- Preparing a demand for damages
- Negotiating a settlement
- Filing a lawsuit
- Completing pre-trial litigation
- Participating in the discovery process
- Attending mediation and pre-trial conferences
- Continuing negotiations
Your case could settle at any point during this process.
Factors That May Lead to Going to Court
While most cases do not end up in court, some factors may lead to a case going to trial, such as:
Disputes Over Liability
The insurance company may argue that you were to blame for the accident or that a third party was. If the parties cannot agree on liability or the insurance company is trying to apportion more fault to the victim, it may be necessary to take the case to court to have the judge or jury determine liability.
Denied Insurance Claims
Whether the insurance company denies your claim or believes you were at fault for some other reason, a denied claim may require you to take your case to court to pursue the compensation you deserve for your injuries.
Bad Faith Practices
Insurance companies sometimes violate the law or the terms of their own contracts. Their representatives may believe that aggrieved claimants won’t push back and will abandon their claims, so they may try to deny the claim for invalid reasons, such as saying the insurance policy doesn’t cover the damages when it does or fails to conduct an investigation. When insurance companies deny legitimate claims, you may have a bad faith claim you can make against them.
Contact Our Trial Attorneys for Legal Advice and Assistance
If you were injured in an accident caused by someone else’s negligence, Miller & Steele Law Firm can provide the legal guidance you need, whether your Carlsbad car accident case ends in a settlement or at trial. We can advise you on which option is best for you and advocate for your legal interests at all times. Call (760) 840-5221 or contact us online for a free case review.