Do Accident Cases Normally Go to Trial?Arizona Legal News
In the aftermath of an auto accident, the possibility of a court case often looms overhead as an expensive, tedious endeavor. You might understandably be worried about the possibility of court costs, gathering evidence, and trying to defend your case. Fortunately, the majority of auto accident cases never go to trial, but there are always exceptions. For reference, over a million Arizona traffic cases are filed a year. Yet most, approximately 95 percent of them, are settled outside of court.
Nobody Wants to Go To Court
Nobody likes court, that goes for drivers and insurance companies alike. At the end of the day, people tend to want to settle and move on. Dishonest insurance adjusters often prey on this fact, threatening hesitant drivers with the possibility of going to court, but in truth, they have just as much to lose as you do in trial, so you shouldn’t put stock in their threats. Your case can likely be settled with simple correspondence, and with an attorney on your side, you can still receive fair compensation without resorting to a formal lawsuit.
Over half of all cases filed are civil traffic cases, yet the slim amount of these that go to trial almost always result in financial loss for the insurance company. Trials are expensive, lengthy endeavors and insurance adjusters stand to profit more by quickly settling as many cases as possible. That, combined with the unpredictable nature of a jury, and the fact that adjusters and attorneys alike can use their experience to estimate fair settlement values for certain injuries, means that both parties almost always stand to profit more by settling.
When Does A Case Go to Trial?
Auto accident cases only ever go to trial when you and your attorney can’t come to a settlement agreement with your insurance company. This is very rare, as, with the pressure and expertise of an attorney on your side, reaching an agreement with an insurance adjuster is generally fairly consistent. Usually, failing to come to an agreement is only ever the result of either stubborn, dishonest adjusters, or a particularly complex case where damages are both significant and highly debatable.
Even if you fail to settle, you’ll go to arbitration before you can bring your case to trial. There, a neutral third party will act as a go-between for your side and the insurance company, bringing offers back and forth alongside each side’s points for discussion, to try yet again to reach an agreeable settlement. Only once arbitration fails will your case go to trial.
Talk to an Arizona Auto Accident Attorney
Seeking the counsel of an experienced personal injury attorney is essential, no matter how small your case is. With a professional on your side, you can reach a fair settlement agreement with your insurance company, and in the slim chance that you go to trial, you’ll have someone with you every step of the way. The skilled attorneys at Escamilla Law Group can give you the peace of mind and guidance you deserve, so please, schedule a free consultation today by contacting us at (623) 321-0566.