Auto Accident

6 Main Reasons Why Most Car Accident Cases Go to Court

Cops watching from a distance a car that's been on an accident while calling for backup.

If you have been involved in a car accident, you may wonder if you will have to go to court. In most cases, the answer is no. Most car accident claims are resolved through an out-of-court settlement between the victim and the at-fault party's liability insurance company. This is because court trials can be expensive and time-consuming for everyone involved, so it is usually in everyone's best interest to reach a settlement before trial.

And the vast majority of car accident cases in the United States are resolved through negotiation between the attorneys for the parties involved. However, sometimes these negotiations break down, and the case ends up in court. 

There are exceptions, of course. The most complicated or hotly contested car accident cases may go to court. These often involve crashes that result in severe injuries or fatalities or when there is a major disagreement over who was at fault or how much money the victims should receive. If your case falls into one of these categories, you may have to court to get the compensation you deserve.

Here are some reasons why car accident cases may go to court.

Car Accidents Involving a Major Disagreement Over Who Was at Fault

One of the most common reasons car accident cases go to court is a major disagreement over who was at fault for the crash. In some cases, both sides may be equally at fault, and neither side is willing to accept responsibility. In other cases, one side may be at fault but unwilling to take responsibility or pay what the other side feels is fair compensation.

Suppose there is a major disagreement over who was at fault for the car accident. In that case, it may be necessary to go to court to have a judge or jury determine who was responsible. 

Car Accident Caused Catastrophic Injuries

If you or a loved one has been seriously injured in a car accident, you may need to court to get the compensation you deserve. Catastrophic injuries can include things like paralysis, brain damage, and amputations. These injuries often require extensive medical treatment and can lead to a lifetime of disability and pain. If someone else's negligence caused your accident, you might have no choice but to take them to court to get the full compensation you deserve.

There is also the possibility that the at-fault driver's insurance company will try to lowball you on your settlement offer. This is especially likely if your injuries are severe. In this case, going to court may be the only way to get the full compensation you are entitled to. 

Car Accidents Where a Business Is At-Fault Party

If the at-fault party in a car accident is a business, the case may go to court. Businesses are usually insured by commercial liability insurance policies, which often have higher limits than personal auto insurance policies. As a result, businesses may be more likely to fight any claims made against them in court. 

Suppose you were involved in an accident with a business. In that case, you should speak to an experienced personal injury attorney who can help you navigate the legal process and fight for the compensation you deserve.

Car Accidents Involving Uninsured or Underinsured Drivers

Your case may go to court if you are involved in a car accident with an uninsured or underinsured driver. This is because you will likely need to file a lawsuit against the at-fault driver to get compensation for your damages. 

Filing a lawsuit can be a long and complicated process, so it's important to ensure you have all the evidence and information you need before going to court. If you have been involved in an accident with an uninsured or underinsured driver, contact an experienced personal injury attorney today for help with your case.

Car Accidents Involving Government Vehicles

There are a few exceptions to sovereign immunity, however, so it is possible to sue the government in some cases. Suppose the government vehicle was involved in a car accident that resulted in injuries or property damage, for example. In that case, the victim may be able to file a claim against the government.

In addition, if the government vehicle was driven by a government employee who was acting within the scope of his or her employment, the victim may also be able to sue the government.

Car Accident Involving Complicated Multi-Party

If you have been in a car accident caused by the negligence of multiple parties, then you may be wondering what your options are for getting the full compensation you deserve. One option is to file a personal injury lawsuit against all parties involved in the accident. This can be lengthy and complicated, but it may be the only way to get the full compensation you are entitled to. 

Another option is to negotiate with each insurance company separately to reach a settlement agreement. This can be time-consuming and frustrating, but it may be possible to get the full compensation you deserve without going through a lengthy court case. If you are unsure what your best course of action is, you should speak with an experienced personal injury attorney who can help you understand your rights and options under the law.

How Much Can a Car Accident Victim Seek Damages

The compensation amount for the damages a car accident victim can seek will depend on their case's specific facts and circumstances. Car accident victims can seek damages for their medical expenses, property damage, lost wages, and pain and suffering. In some cases, car accident victims may also be able to seek punitive damages. Punitive damages are designed to punish the at-fault party for their negligence and deter them from engaging in similar behavior in the future.

But in general, they can receive compensation based on the following categories of damages:

  • Any lost wages they incurred as a result of being unable to work
  • Out-of-pocket costs for things like transportation and medication
  • Pain and suffering
  • Punitive damages, if the other driver was found to be at fault
  • Any out-of-pocket medical expenses related to the injuries suffered in the accident
  • Any medical bills related to the accident and their injuries
  • Any damage to their vehicle that was caused by the accident
  • The severe and life-altering injuries they sustained as a result of the car accident

Conclusion

There are many reasons why you may need to appear in court after a car accident. You may be required to appear in court if there is damage to property, injuries, or even fatalities. In some cases, insurance companies may also require you to appear in court. If you have been involved in a car accident, you must consult with an experienced car accident attorney who can help guide you through the legal process and ensure your rights are protected.

Regardless of your car accident, it is always a good idea to consult with an experienced car accident attorney. At Mendez & Sanchez Law, we provide the best car accident lawyer in Los Angeles to help you understand your rights and options and ensure that you are fairly compensated for your injuries or damages. Let us help you get the justice and compensation that you deserve. Schedule an appointment with us today!

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