What percentage of car accident cases go to trial? Most cases are resolved outside of court, with only a small percentage going to trial. Many cases settle after initiating a lawsuit, during the litigation phase. Retaining an experienced personal injury lawyer who knows how long an accident case takes can often reduce the likelihood of going to trial. They can effectively demonstrate the case’s value throughout the legal process, encouraging insurance companies to settle.
For guidance and support with your car accident case in Illinois, contact Lloyd Miller Law Group at (773) 838-8100.
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Car Accident Trial Statistics in Illinois
According to the Illinois Department of Transportation (IDOT), in 2023, Illinois experienced 1,169 fatal crashes resulting in 1,269 deaths. Over the past three years, approximately 285,000 crashes have taken place annually in the state.
According to statistics from the U.S. Department of Justice regarding personal injury lawsuits, the majority (between 90% and 95%) are settled before trial. For those that go to court, data suggests that around 50% of personal injury cases are successful. Statistics from a national sample of courts that handled approximately 16,397 tort trials, nearly 60% involved automobile accidents.
What Factors Impact Car Accident Cases Going to Trial?
After a car accident, the first step is to file a claim with the at-fault driver’s insurance, which pays for medical bills after a car accident. You must provide evidence of the other driver’s negligence and document your injuries and damages.
The insurance company will investigate, determine liability, and propose a car accident case resolution through settlement. However, they focus on minimizing costs, so having an experienced car accident attorney can be crucial. They can manage communications, protect your rights, and advocate for fair compensation.
Factors affecting a car accident trial include:
The Severity of Your Injuries
Types of car accident injuries are a key factor in determining whether your car accident case settles out of court or goes to trial. Cases with serious injuries tend to proceed to court due to higher damages.
If your injuries are minor, like cuts or whiplash, insurance companies may quickly offer a settlement that covers medical costs. This can resolve your case faster and avoid trial expenses.
Conversely, with severe injuries such as broken bones or brain damage, the stakes are much higher. You may require significant treatment, resulting in higher medical expenses and lost income. In these circumstances, insurance companies might not initially offer adequate compensation. They may downplay your injuries or dispute the necessity of your medical care.
Your lawyer should know how to document injuries in a car accident and will work to present a strong case for your injuries. If the insurance company refuses a fair offer, your lawyer might recommend filing a lawsuit, even though it can be lengthy, to secure fair compensation.
Liability Disputes
Liability disputes often affect whether a case will proceed to trial. Liability refers to who is at fault and responsible for damages. In clear-cut cases, like when another driver runs a red light or is intoxicated, the insurance company may quickly settle the claim, as they risk losing in court. However, if liability is disputed, your lawyer must gather evidence, such as witness statements, police reports, and expert opinions, to build a solid case.
If the insurance company claims you are partially or fully at fault, they may deny your claim or offer a low settlement, requiring your lawyer to counter these claims effectively. The case may have to go to trial, where a judge or jury will determine fault and compensation.
Multiple Parties Are Involved
Some car accidents can be quite intricate. The situation can quickly become challenging when multiple vehicles, drivers, and legal representatives are involved. With several insurance companies participating, each one may try to shift blame onto the others to evade responsibility.
In these multi-party incidents, identifying fault and the extent of liability becomes a much more complicated process. Insurance companies may resist settling if they believe the insured party’s liability is relatively minor compared to others involved.
Sorting through the intricacies of liability and determining the financial responsibilities of each party can require effort. This may involve thorough investigations and lengthy negotiations between insurers and legal teams. If an agreement can’t be reached, a trial may be necessary to finalize each party’s share of fault and financial obligations.
Insurance Policy Limits
Insurance policy limits can influence whether your car accident case settles or goes to trial. Each car insurance policy specifies a maximum amount it will cover for damages and injuries. If your damages exceed the at-fault driver’s policy limits, you may need to seek additional sources of compensation for the balance of your damages through your own uninsured/underinsured motorist coverage or by filing a personal injury lawsuit against the other driver.
Even if you file a lawsuit, there’s still a chance to negotiate a settlement before trial. However, if a fair agreement isn’t reached, your case may proceed to court for a judge or jury to decide on compensation.
The Insurer Acted in Bad Faith
Illinois insurance companies are legally required to handle claims fairly and in good faith, including timely investigations and honest communication. However, some insurers delay claims, deny valid benefits, or use deceptive practices. If an insurer acts in bad faith, they can face serious legal repercussions.
Sometimes, you might consider filing a separate lawsuit against the insurer for bad faith, aiming to hold them accountable and seek additional damages. While this is not common, these cases often proceed to trial, requiring you to prove the insurer’s breach of duty and that they should face financial consequences.
A Reasonable Settlement Can’t Be Reached
Even with everyone’s best efforts, there are times when your car accident case simply cannot be resolved without going to court. You may find yourself in a situation where your views on a fair settlement differ from those of the insurance company.
You might believe that the insurer’s offers are too low and do not adequately account for all your losses. If the insurance company remains unwilling to negotiate and continues to make lowball offers, you may feel that filing a personal injury lawsuit is your only option.
Taking your case to court allows you to present your situation to an unbiased judge or jury. While this decision involves some risk, if your case is strong, you could receive a much larger award at trial than what the insurer was willing to settle for.
A car accident lawyer can help you weigh the pros and cons of rejecting a settlement offer in favor of pursuing litigation. If you can’t reach a reasonable agreement, having a car accident attorney can make a difference.
Benefits of Going to Trial
While there are drawbacks, a jury trial can also provide several advantages. Here are some of the benefits of pursuing a personal injury case in court:
Higher Compensation
One of the key advantages of going to trial is the potential for a larger compensation award. A settlement is a compromise between parties and is less than the full value of your damages. Juries can grant higher amounts for your losses, including damages for pain and suffering. The award from a trial could surpass what you might obtain through a settlement.
Full Disclosure of Evidence
In trials, both parties must present all of their evidence, allowing you to require the other side to reveal information they may try to keep hidden during settlement talks. Complete disclosure can bolster your case and enhance your likelihood of achieving a positive result.
Provides the Chance of a Jury
A key benefit of taking a case to trial is the chance to present it before a jury. With the help of a skilled injury attorney, you can develop a persuasive narrative that outlines the facts of your case and clarifies why your claim or stance is warranted. In the context of a personal injury trial, for instance, your attorney will have the opportunity to explain:
- The characteristics and impact of your injuries
- Medical treatments, surgeries, and rehabilitation that you have received
- How the accident has adversely affected your quality of life
- Information regarding the circumstances leading to your injuries
In contrast to resolving the case outside of court, a jury trial enables your lawyer to appeal to the empathy and understanding of the jury, potentially resulting in greater compensation.
Negotiation Leverage
Trial readiness can often strengthen your stance in settlement talks. Demonstrating your preparedness to take the case to court may compel the other party to present a more attractive settlement, as they seek to evade the potential risks and expenses associated with a trial.If you or someone you know has been injured in a car accident in Chicago, contact us at Lloyd Miller Law Group for help from our car accident attorney.
