Car & pedestrian accidents

When and Why Do Car Accidents Go to Court?

Car accidents go to Court because of multiple factors. However, the biggest reason that car accidents end up in Court is that the insurance company is of a very different opinion in terms…

In brief

Car accidents go to Court because of multiple factors. However, the biggest reason that car accidents end up in Court is that the insurance company is of a very different opinion in terms of case value. Differences in analysis of case value can be caused by a number of things. The main reasons are: 1. Pre-existing injuries to…

Car accidents go to Court because of multiple factors. However, the biggest reason that car accidents end up in Court is that the insurance company is of a very different opinion in terms of case value. Differences in analysis of case value can be caused by a number of things. The main reasons are:

  1. Pre-existing injuries to Plaintiff.
  2. General dispute as to injuries associated with the wreck.
  3. Disputed fault.

If any of the aforementioned occurs in a case, generally the Plaintiff's attorney will file a lawsuit. The filing of a lawsuit does not mean that a case is automatically going to trial. Filing a lawsuit allows the Defendant to hire counsel and then discovery ensues. Discovery allows both sides to get any and all important facts related to the case. Often times once both sides have gotten the facts from the parties involved and third party witnesses, a meeting of the minds can occur and a case will be resolved. However, if disagreement as to case value remains a trial will likely occur. Trials in car accidents are increasingly rare, but there are times that reasonable minds cannot unite in a resolution.

This article provides general information and is not legal advice. It may not reflect later changes in law. Do not rely on it for an emergency or deadline; speak with a lawyer about your facts.

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