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Will I Have to Go to Court to Resolve My Car Accident Claim?

Posted on in Car Accidents

Nueces County car accident lawyerIf you have been injured in a car accident and intend to pursue compensation, you may be concerned about whether you will need to go to court to resolve your case. It is very normal to be apprehensive about a potential courtroom battle. Particularly if you have not had reason to experience a trial, the prospect may seem intimidating. Fortunately, most people are able to resolve their car accident cases without entering a courtroom.

Your attorney will likely make efforts to settle your case out of court before proceeding with trial preparation. However, some motor vehicle accident claims are ultimately decided in court after a trial. It is a possibility that your case cannot be settled by agreement, and you will go to court, although this is a much less common result than settling. An attorney can keep you apprised of how your case is progressing. 

Reasons Your Case Could Go to Trial

There are a number of reasons why parties may ultimately go to court to resolve the claim. Parties are not always able to reach a settlement. Some reasons that a case may go to trial include: 

  • High stakes - Some defendants will refuse to offer a reasonable settlement to a plaintiff who has been severely injured or disabled, resulting in high damages. They may elect to take their chances at trial rather than simply pay a fair amount of compensation. 
  • Disputed liability - If it would not be very clear to an outside observer that the other driver was at fault, there is a possibility that they will dispute liability in court rather than settle.
  • Defendant insists - Just as you have a right to file a lawsuit against the party responsible for your injuries, they have the right to proceed with trial. They do not need to have an excellent reason, or any reason at all, for taking the case to trial by refusing to settle. 
  • Product liability - If it is discovered that your accident was likely caused by a vehicle malfunction, such as a tire blowout, your claim may be against the manufacturer of the part. This may be a large company that can accept the risk of litigation. 

Even if you notice one of these factors in your own case, it is certainly not a guarantee that you will need to go to trial. Many cases settle even under unlikely circumstances. 

Contact a Nueces County Car Accident Attorney

The Edwards Law Firm is experienced in resolving car accident cases in or out of the courtroom. Our Corpus Christi car accident lawyers will strive to get you the compensation you deserve, by settlement or in a trial. Contact us at 361-698-7600 for a free consultation. 




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