Will your car accident case go to trial? It depends.
We hate giving answers like that just as much as you hate hearing them, but the reality is that legal cases are incredibly complex, and no two car accident claims in Arizona are exactly alike.
Chances are, your car accident case will not go to trial. Rarely do these incidents make it that far. That’s not to say it won’t happen because it certainly can. It’s just not likely.
However, these claims are still tough regardless of whether or not they go to trial.
How Do Most Car Accident Cases Resolve?
Most car collision cases get resolved through settlement negotiations before a trial becomes necessary. Both parties typically have an incentive to avoid the time, expense, and unpredictability of a courtroom trial. Insurance companies often prefer to settle, as a trial carries the risk of a larger payout if the jury rules in favor of the plaintiff. Similarly, plaintiffs may choose to settle to avoid the emotional stress and prolonged timeline of a trial.
Settlement negotiations often involve a back-and-forth process where both parties exchange evidence, such as police reports, medical records, and witness statements. A settlement agreement can occur at any stage of the legal process, even during the trial itself. For many individuals, this route provides a sense of closure and allows them to move on without waiting for a court date.
When Is a Trial More Likely?
Although most cases settle, certain circumstances make a trial more likely, such as:
- Disputed liability. When fault is contested, parties may need a judge or jury to decide liability for the collision. For example, if both drivers claim the other ran a red light, a trial may be necessary to determine fault.
- Severity of injuries. Cases involving severe or catastrophic injuries often involve larger financial stakes, making it harder to reach a settlement. High-value claims may include compensation for lifelong medical care, lost earning capacity, and non-economic damages such as pain and suffering.
- Unreasonable settlement offers. If an insurance company refuses to offer a fair amount, trial may be the best option for securing adequate compensation. Insurers sometimes undervalue claims in hopes of avoiding higher payouts.
How Long Does a Trial Take?
Car accident trials can range from a few days to several weeks, depending on the complexity of the case. Factors such as the number of witnesses, the volume of evidence, and court scheduling delays can all affect the timeline. While trials may seem lengthy, keep in mind that the litigation process leading up to trial often takes months or even years. It is essential to remain patient and trust that your attorney is working diligently to achieve the best outcome.
Should You Prepare for Trial?
Even if your case is likely to settle, it is crucial to prepare as if it will go to trial. This ensures you are in the strongest position possible during settlement negotiations. Preparation involves gathering all relevant documentation, including medical records, repair bills, and correspondence with the insurance company. Your attorney may also depose witnesses, consult with experts, and conduct mock trials to refine their legal strategy.
Why Choose an Experienced Car Accident Attorney?
Hiring a car accident attorney in Phoenix with trial experience is essential, even if your case is likely to settle. Insurance companies often take claimants more seriously when they know a skilled litigator is prepared to take the case to court. Additionally, an attorney ensures you do not miss critical deadlines, such as Arizona’s statute of limitations for filing a personal injury claim, which is generally two years from the date of the accident.
If you are dealing with a car accident claim in Arizona and want to discuss your options, the team at Sargon Law Group is here to help. Contact us today for a free consultation to evaluate your case and explore your next steps. You can also reach us through our contact page.