After a car accident, you likely have many losses that need to be reimbursed by the responsible party. Bringing a car accident claim can be difficult, but it doesn’t always have to end with a courtroom battle. An experienced car accident lawyer in Katy, TX will have settled many cases outside of court at the negotiating table. While you certainly want a lawyer who has courtroom experience in case things do go that far, you should also look for a lawyer with a good track record of high-value settlements for their clients.
Do I Have to Go to Court for a Car Accident Claim in Katy?
Car accident claims only go to court if settlement negotiations fail, which is rare. Studies show that typically only 4-5% of personal injury cases proceed to trial, and even when court proceedings are initiated, the majority of cases will still get settled before a trial actually occurs. The following are some situations where it is more likely that your case may end up going to trial.
When Liability Isn’t Clear
If there’s a dispute over exactly who is at fault or the degree of everyone’s fault, it’s more likely that the case will go to court. There’s often the subjective element to these accidents, and that can lead to arguments. For example, if one person runs a red light and hits another person, they are definitely going to be held at fault in an accident. But if the car they hit was being driven by someone who was texting while going through the intersection, the courts and the insurance companies may very well want to assign some blame to the second driver. This would be done on the theory that, if the second driver had been paying proper attention, they might have been able to avoid the accident entirely. But how much fault should they be given? It can be very difficult to work this out, and the plaintiff has to show the defendant’s negligence to win a case.
Proving negligence requires that you show that another person had a duty of care towards you, that they violated this duty of care, that their violation caused the accident or materially contributed to it, and that the accident resulted in specific damages to you. Something to bear in mind is that violating a duty of care does not automatically mean that the violation was the cause of the accident.
For example, many people think it’s fine to answer texts while sitting at a red light, but actually this is illegal. If a driver is texting at a red light, they are violating the law, and thus they are violating the duty of care they owe to other drivers. However, if that driver is simply sitting still at the light and gets hit from behind by another driver, the fact that the first driver was texting really has nothing to do with the accident. Even though they were violating the duty of care technically, that violation did not contribute to the accident.
Disagreements About the Extent of the Damages
In some cases, these claims have to go to court because the two parties simply cannot come to a compromise agreement on the amount of damages that should be paid. If the offer that you’re getting from the insurer doesn’t cover your losses and damages, it’s likely that your lawyer will suggest going to court to force them to pay up.
However, the courtroom is always an unpredictable place, so if it’s possible to get a settlement that’s a “sure thing,” this is often wiser than going to court, even if the settlement is a little low. If the settlement is too low, of course, trial may very well be a better option.
Complex Issues
Another thing that can sometimes send a case to court is when the car accident itself is particularly complex. If there’s something legally unclear about the facts or if your injuries are particularly bad, then it may be best to go to court. The same is true if there are multiple defendants involved or if some of the facts of the case aren’t clear.
Need to Make a Statement
In most ordinary car accidents, there’s no need to drag things out in public. But in some cases, you may want to take the defendant to court and request punitive damages, even if they’re willing to offer a settlement.
This might be a factor if, for example, the responsible entity is a large company and their behavior was particularly egregious. For example, if a trucking company was deliberately hiring unvetted and untrained drivers, bringing a public lawsuit can be a way of making an example of them to protect others. You may also end up setting a legal precedent that will keep everyone safer going forward.
Running Out of Time
In Texas, you usually have just two years to bring a lawsuit after an accident. If you fail to bring a lawsuit within this time period, you’ll lose the right to do so at all. You can be sure that the insurance companies are well aware of this time limit and will often negotiate slowly, trying to keep you on the hook and hoping that you will run past the time limit: once you do, you no longer have the option to sue. Without that leverage, you basically have to be happy with whatever they’re willing to give you. If an insurance company simply won’t negotiate in good faith and keeps trying to delay, you may have to file a lawsuit so you don’t go past the deadline.
Is It Ever Good to Go to Court?
While it’s usually preferable to negotiate through settlements, there are times when it’s best to go to court. Consider the pros and cons:
Pros of Going to Court
Going to court always has the potential for getting a higher award than you can get through a settlement, especially if the jury believes that an insurance company has been giving you the runaround and making your life difficult on purpose. In addition, going to court can also set a legal precedent that will be good for society in the future. It also allows the whole thing to be scrutinized in the public eye and can vindicate you if you are being inappropriately blamed.
Cons of Going to Court
Going to court always means more expense and more stress than settling. You also can expect the whole thing to take longer, and you lose certainty and control. In a settlement, once you come to an agreement, you are certain of getting exactly what was agreed upon. But when you go to trial, it’s difficult to predict what a jury will do, even with a strong case. Things may not go your way, and you may not have any options for an appeal if no legal mistakes were made along the way. And while in some cases you may want publicity on your case, if you want to keep things private, it’s best to stay out of court.
Talk to a Car Accident Lawyer in Katy, TX
The best person to give you advice on what to do with your case is an experienced car wreck attorney. Contact the Law Office of Shane McClelland for a free consultation right away.