What Percentage of Car Accident Cases Go to Trial?

It isn’t easy to provide specific estimates of the number of car accident cases that go to trial because they’re often classified differently. However, the percentage of the cases that go to court is lower than out-of-court settlements.

The Bureau of Justice Statistics (BJS) reports that only about 5% of car accident cases go to trial. Your Phoenix car accident attorney should explain the advantages and disadvantages of settling the case out of court versus bringing the case to trial.

Why Car Accident Victims Choose to Settle Out of Court

Here are the key reasons why your lawyer may advise you to settle your car accident case out of court:

Trials Can Be Costly

A trial requires resources to gather evidence, prepare witnesses, hire investigators, and argue the case in court. Both the victim and the defendant incur significant costs during a trial. 

Sometimes, the total cost of a car accident lawsuit can amount to tens of thousands of dollars. Many car insurance companies know how expensive court cases can be and prefer to settle out of court.

Find a lawyer who knows what is needed to successfully settle the case out of court. For instance, they should be good negotiators and help you understand what tests are done after a car accident to determine the degree of your injuries and the compensation you deserve.

Control Over Outcomes

The outcome can go either way once your case is presented in court. Sometimes, the court’s decision favors the defendant, leaving you penniless. Some car insurers may use investigators who know how to present evidence in a way that favors the insurance company, causing you to lose the case.

As the case progresses and you hear what the other side is saying, perhaps you’re wondering if you can sue someone for lying about a car accident. The answer is ‘yes,’ but you bear the burden of proof, which prolongs the case. Even if they are lying, the jury might award you less than what the defendant is willing to offer in an out-of-court settlement.

Some insurance companies prefer settling out of court to avoid the possibility of a jury sympathizing with the victim, especially if you were severely injured. A trial could cost them more than they would spend settling the case out of court.

Faster Resolution

Trials can be time-consuming, especially if your injuries are severe and the case is contentious. Some cases can take months or years to settle. Settling the case out of court can be more enticing because it can usually be completed in a few weeks or months.

Resolving your case quickly and being fully compensated can help you focus on recovery and improving the quality of your life after the accident.

Final Thoughts

Many car accident cases are settled before they go to court because the parties involved want to resolve the situation quickly and avoid the cost and often uncertain outcome of going to trial. If you’re looking for an experienced attorney to help you get the compensation you deserve after a car accident in Phoenix, Gage Mathers has you covered.

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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