Success Rates for Accident Settlements Versus Going to Trial

There’s no simple answer to the question of if your case would benefit from going to trial, but preparing to do so will always strengthen your case. Success rates for settling or going to trial after an accident depend on the strength of the case, the preparedness of the victim, and the complexity of the accident.

Hiring an experienced Phoenix injury trial lawyer can help make sure you have all the help you can to increase your chance of success.

Why Most Accident Cases Settle

A large majority of car accident cases settle. This is true for a number of reasons:

• Trials are time-consuming
• Trials are expensive
• Insurance companies might prefer to not risk a large jury verdict
• Injured parties might prefer avoiding the emotional stress of going to trial

If you’ve been in an accident, chances are that your lawyer will ultimately advise you to settle out of court.

When Accident Cases Go to Trial

There are reasons cases don’t settle, and these cases often involve higher financial stakes. Accident cases may go to trial when:

• Settlement offers are unacceptable to victims
• Multiple parties are responsible for the accident
• Liability is disputed
• An insurance company denies a claim
• Wrongful death or severe injury has occurred

There are pros and cons of going to trial. Accident cases that go to trial can give victims the chance to present evidence to a jury or judge, and sometimes, these verdicts significantly exceed settlement amounts. However, they carry the risk of lower awards and can take months or years to resolve.

What Settlement Looks Like

Settlement negotiations begin most often after you’ve completed medical treatment or after initial medical expenses have been billed and the cost of future treatment can be estimated. Lawyers will then gather evidence to calculate relevant damages, including:

• Property damage
• Lost wages
• Reduced earning
• Medical costs
• Future treatment costs
• Pain and suffering

When gathering this information, such as medical records, surveillance footage, and expert opinions, lawyers will work to assess each party’s responsibility. Because Arizona is a comparative negligence state, compensation is dependent on the percentage of the accident for which a party is found to be responsible.

Preparing for Both

Even though you should anticipate settling, it’s important to be ready to go to trial. Insurance companies are interested in paying the lowest amount possible, but they’re also interested in avoiding long legal battles. 

If an insurer believes there’s no risk of an accident case going to trial, they’ll offer a lower settlement. Working with a skilled lawyer who undertakes extensive trial preparation can put pressure on insurance companies.

An Expert on Your Side

Whether or not your accident case settles or goes to trial, the lawyers at Gage Mathers are exactly the people you want on your side. We can determine which path your case should take and help you understand whether you can appeal your accident settlement. No matter where your case goes, we’ll help you get every dollar you deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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