Every now and then, our Norcross accident lawyers meet with clients who want to know when their case will go to trial. They’ll explain that most personal injury cases settle —and for good reason. Not only is there a risk of losing in court, but it also takes a long time for a case to go before a judge. After a car accident lawsuit is filed, it usually takes one to two years to go to trial if the case isn’t settled.
Here, we’ll explain why so many cases do settle. We will also discuss how your car accident attorney will try to negotiate a resolution of your case.
Very Few Car Accident Lawsuits Ever Make It to Trial
Going to trial is always a last resort. Any Norcross car crash lawyer will tell you that. Not only are trials expensive and time-consuming, but it can take a long time before you go before a judge. You may have to wait for years.
Our goal is to settle our clients’ cases so they can move on with their lives. Rather than put them through the anxiety of a trial, our accident attorneys work hard to negotiate a fair settlement of your claim.
More Than 95% of All Personal Injury Cases Settle Long Before Trial
Very few people realize that more than 95% of all car accident lawsuits settle long before trial. This is because most accident lawyers know that it’s in your best interest to settle your case and walk away with a lump sum of cash.
The few cases that do go to trial are usually unique in some respect. For example, if the defendant had no insurance, your Norcross accident attorney may have no choice but to go to trial.
The same is true if the insurance adjuster or the defendant insists that you caused the crash. If this is the case, your lawyer will prepare for trial and work toward settling the matter up until the first day in court.
What Are Some of the Reasons Why Your Lawyer Won’t Be Able to Settle?
If settling your case is such a good idea, you may be wondering why some cases go to trial. If it’s in your best interest to settle, why are there situations in which your accident attorney cannot do that?
The problem is that your lawyer can’t force the defendant’s hand. If the defendant and the insurance company think they’ll win in court, they may refuse to settle.
Some of the other reasons why your accident lawyer won’t be able to negotiate a settlement include:
- The defendant thinks they have a strong case.
- The settlement figure your attorney gives them is bigger than the policy limits.
- The defendant’s attorney thinks you are exaggerating your injuries.
- The judge assigned to your case happens to be hard on accident victims.
- The defendant’s lawyer thinks they can get a better deal if they wait until the day of trial to settle.
There Are Risks Associated With Going to Trial
Some of our clients think that going to trial is a good thing. They assume that, if they win, they’ll walk away with their full damages. They don’t realize that things don’t always work out the way they want them to.
If you go to trial, you could lose. The judge or jury may believe that you caused the crash. Or the judge may feel that you were partially at fault. If this happens, you may win, but your damages will be reduced by your percentage of fault.
This is because Georgia follows a modified comparative negligence rule. As long as you’re less than 50% at fault, you can still collect damages from the other party.
By the Time Your Norcross Accident Attorney Tries Your Case, More Than a Year May Have Passed
One problem with going to trial is that it can take over a year. Even if your trial is scheduled within a few months, very few cases make it to trial without delay.
Even though COVID-19 seems to be in the rear mirror, that doesn’t mean the court schedules are clear. There is still a backlog in many civil courts’ dockets. If this is the case, you may have to wait much longer than a year to go before a judge.
It’s in Your Best Interest to Discuss Your Case with a Seasoned Norcross Accident Lawyer
In a perfect world, after your accident, the insurance company will pay your claim and you won’t need to call our office. However, we don’t live in a perfect world. If your insurance claim is denied, you may need to hire a Norcross accident attorney to protect your rights.
We suggest that you call our office at 770-HELP-NOW and talk to one of our representatives. They can schedule your free, initial consultation.