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While the vast majority of personal injury cases settle, there are key factors that can make going to trial the best choice. Car accidents go to trial most often when damages are extreme, multiple parties are involved, or insurance companies offer compensation that doesn’t reflect the victim’s losses.
Phoenix personal injury lawyers like the experts at Gage Mathers can help you determine the best path for your case!
Insurance companies are businesses, and they try to spend as little on compensation to victims as possible. For each case, they weigh their own pros and cons of going to trial. When accidents involve death or extreme injury that represents massive damages, insurers may be less interested in settling.
Cases that involve the following are more likely to go to trial:
Such injuries can introduce a slew of costs that are extreme in the present and may extend for the rest of the victim’s life. For example, a victim being forced to modify their home to facilitate a permanent disability or a victim’s inability to continue to work in their chosen field can be very costly.
The more parties involved in an accident, the more complicated it becomes. This can increase the number of victims, responsible parties, lawyers, and insurers. This complexity increases the chance that one or more parties will believe it’s best for the case to go to trial.
This can be especially true in pure comparative negligence states such as Arizona. In these places, every party must pay for a percentage of damages equal to their responsibility in the accident. The more parties involved, the more precisely responsibility must be divided
Because insurance companies want to pay as little as possible, settlements can often start too low. Damages have to cover:
Because some of these costs are difficult to measure, insurance companies may try to undervalue them. For example, they may argue that your earnings may be reduced for three months rather than five years. These are only some of the costs associated with accident case trials.
If a victim cannot get insurers to approach a settlement amount that compensates them for current and future damages, their lawyer may pursue litigation.
| Reason for Trial | What It Means | Why It Leads to Litigation |
|---|---|---|
| Extreme or Catastrophic Injuries | Severe injuries such as brain trauma, spinal damage, or permanent disability | Damages are high and often disputed by insurance companies. |
| Wrongful Death | A fatal accident resulting in a claim by surviving family members | Compensation value is significant and often heavily contested. |
| Disputed Liability | Parties disagree about who caused the accident | Fault must be determined by a judge or jury. |
| Multiple Parties Involved | More than one driver, insurer, or defendant is responsible | Complexity increases disagreement over fault and damages. |
| Low Settlement Offers | Insurance company refuses to offer fair compensation | Negotiations fail, making trial the only option. |
| Future Damages Disputes | Disagreement over long-term medical care or lost earnings | Experts are needed to determine full financial impact. |
It can be a mistake to think that just because most accident cases settle that you shouldn’t plan to go to court.
Insurance companies might try to determine whether or not a victim is willing to go to trial. If they look at the history of the law firm you’ve hired and believe they won’t pursue litigation, the insurance company may offer you a lower settlement.
Even if you end up settling, you can increase your leverage when you fully prepare to go to trial.
The idea of going to trial, especially after a car accident, can be daunting. Let the experts at Gage Mathers help you by preparing the strongest case possible. We have a strong history of strategic litigation and will help make sure your case is ready, no matter what!
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