Sean | March 25, 2025
How Often Do Car Accident Claims Go to Court?
Being involved in an auto collision can be overwhelming and come with a range of emotions and feelings, from anger to confusion and physical pain. After the full impact of a car accident finally hits you, and you need to recover compensation for your injuries and damages, you may realize your need for a reputable lawyer. They are skilled negotiators who will fight for your right to a reasonable settlement with liable insurers or before a judge and jury. But how often do car accident claims go to court?
Only about five percent of personal injury claims (including car accidents) are resolved in court. In other words, about one in twenty cases will require litigation before a judge and jury to secure compensation. These claims are generally more complex; however, over 90 percent result in victory for the legally represented plaintiff. If you sustained injuries and compensatory damages, you’ll want to speak to a car accident lawyer to strategize a plan for securing a settlement. Schedule a free case evaluation now.
Why Most Car Accident Claims Don’t Go to Court
Most car accident claims are settled between lawyers and insurance companies outside court. Both parties want to avoid the added time and costs of litigation. Insurance companies also fear the uncertainty of how the trial may go. If the jury finds in your favor, they may be ordered to pay higher compensation than if they had settled with you and your attorney.
Courts may also award punitive damages if the defendant’s negligent or intentional act was egregious enough to warrant punishment. However, punitive damages are only applied in about five percent of all verdicts and are not paid by insurance companies. They are meant to dissuade the defendant and potential offenders from repeating the offense, such as a drunk-driving accident that causes multiple life-changing injuries or fatalities.
Reasons Why Car Accident Claims May Need to Go to Court
While most car accident claims do not require litigation, there are some reasons why a claim may need to go to court. A significant cause for trial involves disputed liability, which can happen with multiple liable parties or when drivers are partially at fault. Other reasons why car accident claims go to court include:
- Lacking Evidence: Car accident claims with substantial evidence demonstrating clear liability are generally settled outside court. However, when cases lack compelling evidence, insurance companies may risk going to trial and taking their chances with a judge and jury. Your attorney will secure solid evidence to build their case to avoid going to court.
- Contesting Treatment and Injuries: Insurance companies may contest the severity of injuries or the necessity of medical treatments and procedures. When that is the case, they may opt to go to court and present their reasoning behind why they believe you are not as injured as you claim or received unnecessary healthcare for the injuries you sustained.
- Damages Disagreement: When insurance companies disagree with how car accident lawyers value a claim’s damages, they may insist on going to court. Similarly, if insurers refuse to pay a reasonable settlement, attorneys may file a civil lawsuit to recover damages.
- Bad Faith Tactics: When insurers employ bad faith tactics, they intentionally undervalue, delay, or deny valid insurance claims. They can be sued for damages beyond their policy limits—including emotional distress and attorney fees. Examples of bad faith tactics include ignoring communications, misrepresenting policy terms and language, and making threatening statements to pressure accident victims into accepting lowball settlement offers.
Regardless of why a car accident claim goes to court, you’ll want an experienced attorney litigating your case. Finding a reputable car accident lawyer with trial experience handling similar cases is imperative for your case’s success. Ask prospective attorneys if they have trial experience with cases like yours and their outcomes during your free case evaluation.
What Happens if Your Car Accident Claim Goes to Court?
Lawsuits are the last resort between liable insurance companies and car accident attorneys. After filing, both parties will enter the discovery phase, where they exchange information, take depositions, and interrogatories. A judge may encourage all parties to attempt negotiations a final time before proceeding. However, if your case is the 1 in 20 that requires litigation, the process involves:
- Jury Selection: The judge and your car accident attorney will select a jury from a pool of potential jurors deemed fair and impartial.
- Opening Statements: Your lawyer and the defense attorney will present opening arguments to the judge and jury, outlining their cases and the evidence they plan to present.
- Evidence Presentation: Both sides will present evidence proving or disproving liability, such as accident reconstruction and medical records. They may call eyewitnesses and expert witnesses to testify to (or against) your injuries and damages.
- Cross-Examination: The opposing lawyer can question eyewitnesses and expert witnesses called by the other side to discredit their testimonies.
- Closing Arguments: Both legal teams will present their final arguments to the judge and jury, summarizing their case by highlighting key points.
- Verdict: After both sides have presented their case, the jury will deliberate before delivering their verdict. The verdict decides who is at fault and how much compensation will be awarded if your attorney wins your case.
Again, over 90 percent of lawsuits result in the plaintiff being compensated. If the jury does not find in your favor, your attorney may discuss the possibility of appealing to a higher court. However, that is highly unlikely with car accident claims. Most are settled without the need to step foot inside of a courtroom.
Why You Need a Car Accident Lawyer After a Collision
Whether filing an insurance claim or civil lawsuit, there are several reasons to obtain an experienced car accident lawyer to represent your case. First, they are best qualified to determine whether you can pursue an insurance claim without litigation or need to go to court. They also offer contingency fee arrangements, protection against insurance companies, comprehensive case investigation, and claim valuation. Your attorney will demand reasonable settlements and negotiate their terms. When negotiations are unsuccessful, they will represent your car accident claim in court.
Contingency Fee Arrangements
A significant benefit of retaining a car accident lawyer to represent your claim or lawsuit is their offer of contingency fee arrangements. These arrangements allow anyone to hire an attorney because they require zero upfront payment or ongoing pocket expenses. They also stipulate that attorneys do not get paid unless you do, sincerely incentivizing their need to maximize your claim and win your case. Contingency fees aren’t a universal flat rate, so you’ll want your attorney to clarify their percentage before hiring them.
Protection Against Insurance Companies
When you hire a car accident lawyer to represent your claim, you ensure a barrier of protection between you and liable insurance companies. Unfortunately, insurers are known to use various tactics to undervalue and deny claims of car accident victims without legal representation. Having an attorney prevents you from being a victim of unfairly delayed or denied claims or insultingly lowball settlements. Examples of methods insurance companies use on injured parties without lawyers:
- Excessive Documentation Requests: Requesting excessive and unnecessary paperwork to delay the claims process long enough to get you to settle when they send a first lowball offer.
- Misrepresentation: Intentionally misrepresenting policy language or terms to confuse or misguide car accident victims is another deplorable tactic some insurers may use to minimize company losses.
- Recorded Statements: Calling immediately after a car accident to secure a recorded statement is a tactic used to get you to say anything they can use against you to deny or undervalue your claim. They know that many injuries, such as whiplash and concussions, do not present symptoms immediately. If they record you saying you feel fine or are not injured before symptoms present, they may use your statement to downplay the severity of your injuries or deny them altogether when they show up.
- Requesting Medical Records: Insurance companies may ask for access to medical records to search for previous injuries or medical conditions that can explain current symptoms to claim pre-existing conditions. Never give an insurer access to your medical records. Your attorney will ensure they only receive access to records relevant to injuries caused by your car accident and their treatments. If you’ve already provided medical record access to the insurance company, call a lawyer immediately to determine a strategy to counter the consequences.
- Surveillance: Insurance companies may use private investigators to watch your activities to find evidence contradicting your claim. They may follow you and stalk social media accounts, searching for posts they can use to downplay the severity of your injuries or deny them entirely.
- Blaming Claimants: Insurance claim adjusters will unfairly blame claimants for the collision to reduce or deny liability. Having an attorney eliminates dealing with liability accusations and jumping through hoops to prove the at-fault driver’s negligence.
Without a doubt, an insurance claims adjuster will attempt to convince you that you do not need a car accident lawyer to handle your claim. It significantly benefits them to deal with the unknowing general public over the highly knowledgeable and experienced attorney who navigates claims daily. Insurance companies should no longer contact you once you hire a car accident lawyer. If they continue to call or harass you, your lawyer can take legal action against them, including pursuing further damages.
Comprehensive Case Investigation
A lawyer will comprehensively investigate your car accident to secure substantial evidence solidifying your claim. It’s vital to prove negligence and establish liability to have a case. Depending on the nature of your collision, components of a car accident investigation may include the following:
- Gathering evidence, including police or accident reports, dashcam and traffic video footage of the collision, photos of the accident scene and injuries, and witness statements.
- Re-interview witnesses to confirm statements and discover new information. Your lawyer may also find other viable witnesses and secure statements and testimonies.
- Working with accident reconstruction specialists to recreate the sequence of events leading up to your collision.
- Consulting with healthcare professionals to review medical records, ensuring no gaps in treatment and adequate documentation.
The length of the investigation depends on the severity of your injuries and the length of your medical treatment. Accidents involving multiple liable parties can also slow the process down. When multiple insurance companies are responsible, they may shift blame to each other to minimize their company’s liability and losses. Nonetheless, your attorney should keep you informed through the process and will confidently secure a reasonable settlement from all liable parties.
Claim Valuation
When valuing your car accident claim, your lawyer will calculate your economic damages before determining a value for your non-economic losses, such as pain and suffering. Attorneys often use the multiplier method to value non-economic damages, taking your total economic damages and multiplying it by a multiplier number between 1.5 and 5. The number assigned is determined by your injuries’ severity and lifelong impact. Examples of damages your lawyer will value in your claim are as follows:
- Medical expenses
- Lost income
- Car and property damages
- Rental car costs
- Pain and suffering
- A loss of enjoyment of life
- Decreased quality of life
- A loss of consortium (companionship)
- Wrongful death
You can prove economic losses with receipts or invoices indicating monetary losses from your car accident. Give your attorney all evidence of financial loss to ensure it is calculated and compensated for after a collision. You must document pain and suffering and other non-economic loss in a post-accident journal. Keep consistently detailed and dated entries about how your injuries impact your daily life, including pain, sleep disturbances, emotional distress, and other symptoms of injury.
Negotiations With Insurance Companies
After building a strong case and claim valuation, your attorney will send a demand letter to start negotiations. The negotiation process involves exchanging and evaluating offers and compromising. The goal is to secure a settlement that fairly compensates you for your damages, including the long-term impact of injuries. Your attorney will discuss potential offers before advising you on how to proceed.
However, you make the final decision on whether to deny or accept a settlement offer. After all parties agree, liable insurers will compensate your attorney. They will negotiate medical bills and pay medical liens against your settlement (if applicable), collect their contingency fee, and issue you a final settlement check.
Contact an Experienced Car Accident Lawyer Near You
Speak to an experienced personal injury attorney in St. Petersburg, FL about the circumstances of your collision to determine a path for recovering compensation. Before proceeding with your case, they can advise you on possible strategies and outcomes. Schedule a free consultation to get started today.
