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Will my personal injury case go to court?

On Behalf of | Sep 16, 2022 | Personal Injury


Filing a lawsuit is a common part of the process of recovering damages after a serious car accident. When you get to the point where suing is necessary, you might start feeling nervous about going to trial. Even though you are confident that the evidence and the law are on your side, having the personal details of your injuries discussed in a public trial and the risk of letting a judge or jury decide the outcome of your case can be daunting.

Car accident trials are rare

However, you should know that very few auto accident claims go to trial in Louisiana or the rest of the country. According to the Bureau of Justice Statistics at the U.S. Justice Department, only about 3 percent of personal injury claims end with a trial verdict. The reason is that most of the time, auto insurance companies don’t want to go to court either. Having to hire attorneys to dispute every claim would be too expensive.

Instead, insurers and their legal departments prefer to settle most claims. Not that their initial settlement offers are always fair and based on the evidence. Remember, auto insurance companies are in business to make money, not help people who got hurt in car accidents. It is a common tactic for them to make a lowball initial offer, hoping that the injured party does not understand their legal rights. Afraid they might not get any compensation if they don’t, too many car accident victims in Acadiana accept offers that do not come close to covering their medical expenses and other costs.

Never give up your options

You do not have to accept a bad settlement offer just to avoid trial. While going to court is rare, it should always be an option. People injured in preventable car crashes should keep all their legal options open to give themselves maximum leverage in negotiations.