Do I Have To Go To Court After a Car Accident in LA?

How Many Claims Reach Trial?

The odds that you will have to go to court after a car accident are fairly low. According to the U.S. Justice Department, only 3% of personal injury lawsuits reach trial. And this does not include the number of cases that never reach the lawsuit stage.

To understand how many claims reach trial, you first need to understand the opportunities you will have to settle your claim with the insurance company.

After you file your insurance claim, a claims adjuster will investigate the accident. The claim file will include the accident report, your medical records, and documentation of your injury-related expenses.

The claims adjuster protects the insurer from paying any claims it does not legally need to pay. This means the adjuster will work hard to deny or reduce your claim. At the same time, the insurer must make a good-faith effort to settle any claims where you establish liability. If it does not, you might have a claim for bad faith against the insurer.

If you build a solid claim with good documentation, you have a decent chance of settling the claim without filing a lawsuit. But disputes can arise over liability and damages. You may need to file a lawsuit if you cannot get a fair settlement offer from the insurance company.

Even if you need to file a lawsuit against the at-fault driver and their insurer, you still have good odds that your case will settle. Parties can still negotiate a settlement even after a lawsuit has been filed.

Insurers do not like paying for lawyers to litigate cases they will lose or settle. As long as you have a reasonable understanding of the value of your case and you show a willingness to compromise, you will reach a settlement and avoid going to court.