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  • Writer's pictureBrad Keating

What Happens When You Go to Court for a Car Accident?

Updated: Jan 17

If a person has been in a car accident, they might think to themselves. "Do they need to hire a car accident lawyer and sue the at-fault driver to recover damages?" Generally, car accident cases don't end up going to court, but some situations require it for the best outcome. These are cases ranging from severe hit and runs to minor whiplash, so the criteria for going to court for a car accident is rather broad.

When an unfortunate incident occurs, a person needs to be prepared and ready to go to court if the need arises. Being aware of the injuries and the circumstances surrounding the case allows the person to take the required steps to gain compensation through the law.

What Causes a Car Accident Case to Go to Court?

What Causes a Car Accident Case to Go to Court?

A lot of the time, a car accident case does not need to go to court. When hiring a car accident attorney, they investigate and gather evidence to show the damages the driver has caused. This can help strengthen an individual's case to retrieve the required payout for the injuries, pain, suffering, and mental anguish due to the fault of the guilty party.

If the lawyer and the other driver's insurance can come to an agreed settlement, there is often no need to go to court, and the case can be settled umbilically. This only happens in some instances, so it's important that people are aware of this when establishing a middle ground for court hearings. It's also vital to remember that involving an insurance company could sometimes complicate the situation and stress for all parties involved, including the driver. If the case is severe, it might be best to contact an attorney because they are going to know how to deal with a car accident and deliver the best results.

However, some accidents need to go to court. When in an accident with an unscrupulous person, they might try to avoid paying compensation or pay nothing at all in a worst-case scenario. These incidents require a person to take action after a car accident because they might have to continue their lives in mental anguish and pain.

A few situations could lead a car accident claim to proceed to court, so it's important to mention a couple so that everybody is up to speed. It's good to note that a car accident lawsuit can sometimes be complicated to handle without involving personal injury lawyers.

Here are a few different situations that could lead a person to contact skilled motor vehicle accident lawyers:

  • Both parties can't agree on who was at fault for the car accident

  • Despite a lawyer's negotiation with an insurance company, the company is not going to budge on paying out more for damages to the victim

  • The insurance company does not offer a fair settlement to the victim

Don't Trust the Insurance Company

It's important to remember that an insurance company is a business and treated as such. That means sometimes, the company is not putting the victim's best interest at heart, which can be catastrophic in a car accident claim. Some personal injury cases end up taking years to settle in court because insurance companies could try to cross-examine evidence to get out of the claim and protect the other driver.

In most cases, they don't pay out what the victim deserves and try to fault the injured party or provide objections. A personal injury attorney can help by delivering the wounded parties with legal advice and pursuing a lawsuit, so the court can decide who is at fault.

Once the claim is taken to trial, the jury can determine the conditions that caused the collision, and both attorneys can fight it out. When a person has been involved in a car accident, the first thing they want to do is see a doctor, and the last thing they want to do is sit for hours in a trial, which could take days, months, or years.

The victim has countless other things to worry about, such as medical bills and getting a rental car, and might not want to deal with the other driver or their attorneys.

What Happens If a Car Accident Case Goes to Court?

Both parties have a chance to present evidence if a personal injury case goes to court. That makes proceedings fair during the event of a car accident and allows the jury to come to a settlement amount in a court of law. At this point, a car accident lawyer can be highly beneficial as they can help make sense of a particular case.

A car accident lawyer gathers evidence and prepares the claim for trial while carefully presenting the case to the judge, jury, and insurance company. Without the help of a lawyer, a person could struggle with legal advice when involved in a car accident.

Presentation of Evidence

The jury needs to be convinced without a doubt that the car accident is not the victim's fault for them to win the case. It needs to be proven that the other driver was in the wrong or caused the victims injuries in the car accident.

Even if the amount of proof is low - which means the jury members may not be sure about their decisions - the case could go in favor of the victim. This happens in many personal injury cases where the other party is guilty of the auto accident.

Types of Evidence That Can Be Presented at Trial

There are different types of evidence a personal injury lawyer may present during a personal injury claim, and these include:

  • Accident reports

  • Other evidence demonstrating the victim's injuries

  • Medical records

  • Experts' interview, such as from a doctor who treated the victim

  • Witness interviews

The at-fault driver or defendant and their legal counsel can cross-examine the victim and their witnesses to provide objections to evidence and tell a story concerning the collision. After both sides of the car accident have been examined, the decision goes to the jury.

Jury Deliberation

In some states, a car accident case may be heard and tried by either the jury or a judge. A car accident and other personal injury cases generally go to trial by jury. Luckily, No-fault states protect the driver's rights. Legal matters, including a car accident, lead to a more sympathetic jury, which could equal higher compensation than a person might have expected.

Civil cases are also known as injury claims, which means it is focused on helping accident victims recover their losses rather than finding someone guilty and punishing them for the car accident. In most instances, a civil case is held and heard at a different court than a criminal case. Once both parties have presented evidence during the car accident trial, the jury decides who is at fault and who is not.

Here are some of the other things the jury decides on during a car accident claim. These include but are not limited to:

  • How much money a person should be awarded from the insurance company for their damages

  • Who was at fault for the car accident

If the lawyer can accurately represent what happened and all goes well, the person could get a sufficient settlement for their damages. Since lawsuits are pricey, most car accident lawyers may not take a trial unless they think the evidence is powerful enough to win the money the victim deserves.

It doesn't hurt to contact an experienced attorney if a person is involved in a car accident since they could help the victim get compensation for damages.

Finding the Right Car Accident Lawyer

The right lawyer could help fight the other party's insurance company, which would be highly challenging if the victim had to do it alone. Sometimes, during a car accident case, the victim might be in such pain that they do not want to go to court but need to complete proceedings to get the compensation they deserve.

Choosing a law firm that cares about accident victims is crucial in winning a personal injury claim. That is where an experienced and qualified lawyer can provide a solid attorney-client relationship when dealing with their car accident case. They can deliver a recorded statement to the judge and offer a free consultation for all accident victims.

The Keating Firm LTD operates in all fields of law but is exceptionally experienced in car accidents. The company knows how to deal with insurance companies and offers free consultation to victims of personal injury cases.

In the event that involves comparative negligence where the accident resulted in either party getting injured, an attorney from the Keating Firm LTD can bring the case to court.

How to Initiate a Car Accident Lawsuit

An insurance company can be tough to deal with when paying out compensation for damages caused by a negligent party. That is why a person needs a lawyer who maintains a confidential attorney-client relationship when investigating a car accident.

This person can provide the jury, insurance companies, and court with a recorded statement to prove the comparative negligence in an accident. A qualified and experienced individual can give a case evaluation concerning any property damage or injured parties.

The injuries need to be seen by a doctor within for the injured party to sue or prove that the accident was not their fault. In most cases, insurance coverage of the party at fault can help the injured person by paying out a settlement to assist them in recovery.

After the accident, it is vital to see a doctor whether the person thinks they are injured or not. Some injuries may only show days, weeks, or sometimes months after some car accident cases. That is why it is vital to get checked out as soon as possible.

Whether the case is minor or significant, it is recommended to contact an attorney to get the right legal advice. Insurance companies are wary of qualified personal injury lawyers as they can prove comparative negligence and know precisely how to deal with the driver at fault.

It is imperative not to contact the other individual's insurance company during this time as it might use any information provided against the victim. The most recommended thing to do is speak to an attorney to file a lawsuit and deal with the guilty driver.

A knowledgeable attorney can gather a proper case evaluation and find the person at fault. They can then use the law to bring the case to the court and present it to the jury. Staying professional during the entire process is crucial if the victim wishes to win the lawsuit.

Mistakes to Avoid After a Car Accident

There are a few things people may want to avoid after being in a car accident. First off, it is crucial to know that anything an individual says at the accident scene can be used against them in a court of law.

Most people want to be cooperative and polite, but by admitting fault, they could cause damage to the case if they decide to go after a personal injury claim. It is essential to consult an attorney before giving any statement to an insurance company or the police.

An experienced attorney can provide the individual advice when dealing with the other person's insurance company, or they could handle the situation for the victim. Below, the article further discusses things that must never be done before contacting a personal injury attorney after car accidents.

Refusing Medical Treatment

There are multiple reasons why a person might not seek medical treatment immediately following an automobile accident. Many people may not directly be hurt or, in some cases, might not even be bothered.

If someone refuses medical treatment, an insurance company can use that against the individual as evidence to say they aren't injured. After an accident, a victim may not know the difference between being sore and hurt because they are usually in shock.

That's why it is wise for the victim to visit their general practitioner to diagnose their injuries properly. All damages can be documented and used in a court to strengthen a person's case.

Avoiding medical treatment is the most common mistake people make after a car incident.

Not Following Up with a Doctor

Without checking up on injuries, a person can remain in a situation of pain and suffering for an extended period. Some wounds only show up further down the line and could leave the person worse off than after the car accident.

That is why it is crucial to make a follow-up appointment with a GP to confirm that everything is in order.

Providing Recorded Statements to an Insurance Company

There is no benefit in providing an insurance company with a recorded statement as it can be used against the person in court. Even something that seems somewhat sincere, like apologizing to the other driver at the scene, can damage the victim's case.

Insurance companies typically hire defense lawyers to protect their interests, and these attorneys look for any evidence that can be used to discredit the plaintiff. Anyone who has been injured in an automobile accident must consult with an attorney. Attorneys can help make sense of what happened and offer the right advice when dealing with an accident claim. It's important not to skip this step, as it can jeopardize the chances of getting a claim paid out. This could be the biggest mistake someone makes when looking to file a personal injury case.

Speaking with the Insurance

Often, within 24 hours of an accident, insurance companies contact both victims to find out what had taken place. If the company cannot reach the victim over the phone, it usually sends a letter or email if it has those details.

Sometimes, the insurance adjuster chats to the victim and convinces them to settle on a lower compensation payout. These unscrupulous individuals often use clever terminology and clauses to trap victims into thinking they must get less compensation. That is completely illegal and must be reported to authorities.


A car accident is never a fun experience, and having to go to court for it can be a massive pain. That is why it is recommended to deal with experienced and knowledgeable attorneys who can help bring the claim to court.

When speaking with Keating Firm LTD, it allows victims to deal with proceedings correctly, recover losses, and protect them from any evil behavior from insurance adjusters or third parties. The company offers free consultation for all victims of vehicle accidents. It is crucial that the victim has all their evidence at hand and records it to investigate the case and recover a fair settlement amount.

If a person has been in a motor vehicle accident, they need to see a local doctor and then contact an attorney to deal with their injury claim. It is time victims get the compensation they deserve and stop being the cannon fodder of insurance companies.


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