The majority of all car accident cases end up settling outside of the courtroom, but some still end up being presented to the court for settlements. If you recently were injured from an accident, you might wonder why some car accident cases end up going to trial, and here are several important things you should understand about car accident cases and the ways they are settled.
The two parties cannot agree on fault
One of the reasons a car accident case may end up going to trial is due to the two parties being unable to agree on who was at fault. Determining fault in any car accident case is vital, as the at-fault driver's insurance company will be the party paying the settlement amount. If you cannot determine fault based on the evidence involved in the case, the case may end up going to court where a judge or jury will make the decision about it. It is very rare that the evidence does not reveal the fault in the accident, but there are times when this occurs in car accident cases.
The parties cannot reach a fair settlement
The second reason a case will end up in trial is if the two parties cannot reach a fair settlement. If the evidence is clear that one party is at fault, that party's insurance company must reach a settlement with the victim's lawyer. If they cannot reach a fair agreement that both parties agree on, there is no other choice but for the case to stand trial. During trial, it will be up to the judge or jury to determine how much the settlement amount will be.
Why most cases settle outside of court
In most situations, cases settle outside of court. In fact, approximately 95% of all personal injury cases end up reaching settlements outside of court. Going to trial is never a fun event for anyone. It can be intimidating, scary, and time-consuming. It can also be costly for all the parties involved. There is an incentive for insurance companies to settle outside of court, and that is why most cases do.
If you need assistance with your case, you should look for a law firm that offers personal injury law services. A personal injury lawyer will hear your case, view the evidence, and give you advice as to what your options and rights are in the situation. Contact a firm, like Fitzsimmons & Vervaecke Law Firm, for more help.