Going To Court—Is It Required?

After the shock of the car accident has worn off and those involved have regained their senses, the thought quickly comes to mind: "will I be required to go to court to receive compensation?"  While the possibility exists that going to court may be required, the chances are, if you have a personal injury lawyer that is good at what they do, you won't have to.  Either way, do not hesitate to file a claim as soon as possible.

It is also vital that you do not pay out of pocket for any damages incurred from the accident and that the negligent party be held responsible for their actions. Undeniably, the thought of going to court can be somewhat stressful and overwhelming for almost anyone.  The upside is that most often, claims related to injury caused by a car accident are settled without stepping one foot into a court room.  

Common Occurrences

Recent data from studies in road safety shows that an estimated 4.4 million motor vehicle accidents occur each year.  Considering this overwhelming number of accidents, one would assume that the annual personal injury court cases would be well into the millions.  However, the fact is that it is quite the opposite!

In the realm of law, a car accident settlement is under the same umbrella as a personal injury settlement. Statistics reveal that only 5% of all personal injury claims find their way into a courtroom, indicating that most claims settle out of court.  Your chances of having to go to court, looking at this data, are meager to minimal at best.

Why You May Go To Court

If the car accident claim filed is against another driver that was involved, then there is a good possibility that you may have to go to court.  The reasons why this could happen are below.

-         Non-Settlement

The primary reason that claims end up in court is to win the judgment of a fair settlement.  Before going to court, there will be a series of negotiations.  If the insurance company involved will not budge on its position, the last option is to take it to court to fight for compensation.

Keep in mind that in most cases, the negotiations go as planned, and a settlement resolves out of court.  The only reason for going to court is if the insurance company is dead set on fighting the claim.

-         Other Driver Doesn’t Have Insurance

The number of drivers on the road today that either do not carry insurance or their insurance does not sufficiently cover them is staggering, even given that in most states, doing so is illegal.  Sadly, legal or not, this does not stop them from taking to the road and putting themselves and others in financial and physical peril.  If the individual found at fault in a car accident is one of the uninsured, it is usually necessary that they be taken to court.

Avoiding Going To Court

Several things can increase the chances of settling out of court:

-         Ensuring that you report the accident to the proper authorities

-         Take personal photos of the scene, your personal injuries, and any damage to your vehicle as soon as possible

-         If you sustained injuries, see a doctor right away

-         Keep track of everything – medical bills, damages, repairs, everything

-         Make an appointment with a personal injury lawyer – the sooner, the better

-         Do not speak to anyone or provide any statements unless under the advisement of your lawyer

The stronger the foundation of your case, the better your chances of a fair settlement without going to court.  Important to understand is that you have the option, if you wish, to have your day in court. Your lawyer will advise you on the law as it pertains to your circumstance and what he thinks, professionally, should be done, but in the end, the decision will be yours.

Either way, do not wait too long to file your claim.  The statute of limitations on officially filing a personal injury claim in most states is not very long, so don't wait until the last minute.  The longer you wait to decide on filing the claim, the longer the chances are that your claim or, if warranted, your eventual lawsuit will be harder to settle.

The Bryant Law Firm has helped thousands of injury victims in the Greater Houston Area and all across Texas.  Let David A. Bryant, Jr. help you get the appropriate medical treatment and compensation you deserve.

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