Do Most Car Accident Injury Cases Go To Court?

May 9, 2022

KB-injury cases go to court but not all end in a trial

All Injury Cases Go To Court, But Few Go To Trial.

All car accident injury cases go to court. El Paso County Court is where Colorado Springs injury victims file lawsuits if they cannot reach a settlement with the at-fault driver’s car insurance company. But while all injury cases go to court, not all personal injury lawsuits go to trial. In fact, the overwhelming majority of car accidents and their resulting lawsuits conclude without lawyers presenting their case to a jury or witnesses taking the stand.

95% of Personal Injury Lawsuits Settle Without A Trial

The odds of any car accident injury case going to trial are relatively slim, statistically. Colorado injury victims, including those hurt in car accidents, file hundreds of thousands of dollars worth of lawsuits every year. However, statistics show that only four to five percent of those personal injury lawsuits go to a full trial. That means around 95 percent of all such cases resolve without going to trial.

While some cases conclude with a pre-trial ruling by a judge, the vast majority of personal injury and car accident cases are resolved – and compensation for the victim obtained – through settlement discussions.

There are several reasons for the high percentage of settlements in car accidents and other personal injury lawsuits, even where one (or more often, both) of the parties believes they have a winning case.

Trials Are Risky

Both the plaintiff (the injury victim) and the defendant (the party responsible for the victim’s injuries or, in car accident claims, the responsible party’s insurance company) take a considerable risk if they take their case to trial. No matter how apparent fault may appear, there is simply no such thing as a “slam dunk” car accident case. Judges and juries are unpredictable. They may decide in an injury victim’s favor for an amount that costs the defendant’s insurer far more in damages and attorneys’ fees than if they had settled with the victim before trial.

But the reverse is also true. On the losing end of a verdict, the injured plaintiff may wind up getting nothing – or very little – in compensation, whereas they could have accepted a substantial settlement before trial.

Taking a Car Accident Case Through Trial is Expensive

Taking a car accident lawsuit through a trial is expensive for defendants and the auto insurance companies that pay for their defense. Because insurance companies want to resolve claims as cheaply as possible, spending tens or hundreds of thousands of dollars on their attorneys’ fees doesn’t square with that objective.

That’s why an insurer may decide to make a substantial settlement offer to a car accident injury victim before trial, even if they believe they have a rock-solid case. Such settlements may actually cost them less than the price of defending injury cases that go to court, which also comes with the risk of losing.

Why A Car Accident Lawsuit May Go to Trial

Why do some injury cases go to court if most car accident lawsuits end through settlement? There are several reasons, including:

The defendant or their insurer thinks that the plaintiff’s settlement demand does not reflect the actual likelihood that they will succeed at trial or believe that the demand is greater than the expected costs of going to trial.
The injury victim and their attorney believe the settlement amount offered by the defendant’s insurance company is not adequate compensation in light of the known risks of going to trial and perceived jury award ranges.
The insurance company denies all liability for the plaintiff’s injuries and believes that the evidence weighs strongly in their favor.
The insurer disputes or doubts the nature, cause, or severity of the plaintiff’s claimed injuries.

Experienced Attorneys Actively Prepare For Injury Cases To Go To Court

Even though most car accident cases settle, experienced car accident lawyers in Colorado Springs understand that they must always be ready for trial. If an insurer thinks that the lawyer representing a car accident victim is just looking for a quick settlement for their client or doesn’t appear ready or willing for the injury case to go to court and a jury trial, they will make an inadequate lowball settlement offer.

At King & Beaty, we approach all car accident and personal injury cases as if they will end up before a jury, even though most cases settle before then. By aggressively preparing for trial, we build the strongest possible case, giving our clients the best chance of obtaining the maximum amount of compensation for their injuries. By fearlessly advocating for injury victims, we put the defendant and their insurer on notice that lowball settlement offers will not be tolerated.

Please contact us today to speak to an experienced personal injury attorney.