How Often Do Car Accident Cases Go to Court?

When you make a personal injury claim for compensation after a car accident, you put a series of events in motion that may or may not result in your case going to court. But just how often do car accident cases go to court? There is no definite answer to this question, as personal injury claims for accidents are unique and usually settle before they reach the courtroom.

If your case does go to court, it could be some time before a judgment is reached. At this point, you might be asking the question, How long does a court case last for a car accident? Once again, there is no definitive answer. The odds of your case reaching court are small, but it is always a possibility. Every car accident claim is different, and those differences mean it is not easy to predict what is going to happen as the case progresses.

At Cava Law Firm, we provide the guidance you need when facing mounting medical bills, lost wages, and psychological trauma because of a car accident. We have years of experience helping those who have suffered and need compensation, and we will never back down from a fight.

Contact our personal injury lawyers at (413) 737-3430 or (413) 781-CAVA (2282).

Understanding Why You Need a Lawyer

How They Can Help You Fight for Your Cause

The fact remains that your chances of recovering damages that are equal to the financial loss you sustained in an accident are strong when you take legal action. You can get a better idea of what you can expect from pursuing a claim by seeking the assistance of a Springfield car accident lawyer. It is highly likely that a personal injury lawyer in Springfield will be able to obtain more than you would if you tried to negotiate a claim on your own.

It is crucial during this time to be aware of the steps to take after a car accident to ensure your rights are protected. If you contact a lawyer right from the start, then you can receive information on what evidence to collect from the site of the accident and what you should and should not say to your insurer.

Personal injury lawyers will aggressively negotiate with insurance companies to help you receive a fair settlement. Most of the time, these cases are resolved during negotiations, with an estimate being that only about 5% of personal injury claims actually go to court. The numbers aren’t easy to gauge, because settlements tend to be private. If your case does go to court, however, your lawyer is invaluable. You never want to step foot in a courtroom without representation.

Starting the Claims Process After a Car Accident

After you have been in a car accident where you are not at fault for your injuries, you should contact a personal injury lawyer for help. A lawyer goes to work on your behalf and takes care of negotiations with the insurance company while you recover from your injuries. You will not have to deal with the insurance adjuster or any other insurance company representative. The only person you will hear from while your claim is active is your lawyer when there’s news to communicate.

Your car accident lawyer determines the total amount of the economic and non-economic damages you suffered as a result of the accident, then sends it to the insurance company as part of a settlement offer. The insurance company and your lawyer work on negotiating a suitable amount, and the lawyer brings you the offers from the insurance company for you to accept or reject.

It can sometimes occur that the personal injury claim after a motorcycle accident or car accident fails during the settlement process. The insurance company may dispute who was at fault for the accident or refuse to continue negotiating because they do not think there is enough evidence. They may even further delay the process.

That is when your next step is to file the case in court. The decision to file a case is between you and your lawyer. Once the case is filed, the case could still settle, be handled with alternative resolution strategies, or ultimately go to trial.

Sometimes a case gets stretched out by the insurance company in an attempt to run out the statute of limitations. In Massachusetts, the statute of limitations to file a personal injury lawsuit is three years. This is true for most types of personal injury claims, including hit-and-run accidents. There are some exceptions to cases that need to be filed sooner, like when the other party is a state or city employee. When it gets close to the statute of limitations, consulting with a Springfield motorcycle accident lawyer can be a crucial step in preserving your right to recovery and is essential for filing a lawsuit.

My Case Is Heading to Court — What Happens Next?

Your case would be filed at court when you, your car accident lawyer, and the insurance company can’t agree on a settlement. Just how long does a court case last for a car accident once it is filed? It can take anywhere from a few months to a few years for a case to come to a conclusion. Some of the procedures involved in a court case take time to complete and are necessary to ensure that the defending party has time to respond to the lawsuit summons and prepare for court.

Other factors involve the time it takes to conduct discovery, the court location, the court’s timeline, and schedule. These are some of the steps involved in starting a car accident lawsuit:

• Filing of the case by the plaintiff (you) and serving the complaint on the defendant.
• Defendant has a period of time to respond to the complaint.
• Discovery of the facts related to the case begins; it ends when all facts are gathered.
• Defendant may offer a settlement.
• Trial begins if the settlement is rejected.
• Further settlement offers may be made while trial is underway.
• Judgment is issued upon conclusion of the case.

Your car accident lawyer can give you a better idea of how long a court hearing typically lasts for a car accident, depending on the circumstances of your case and other factors that affect the operation of the court.

Factors That Influence the Odds of Winning Your Case

Evidence is the major factor that helps you win your case. Massachusetts is a comparative fault state. That means that if you are assigned more than 50% of the fault for the accident, you can’t recover for damages. If you were less than 51% at fault, you can recover damages, but the amount you can recover is decreased according to the amount of fault. For example, if you are assigned 20% of the fault for the collision, and you receive a judgment of $100,000 in court, you will actually receive $80,000.

Having evidence of the other party’s negligence helps you lower your responsibility for the accident and puts more weight on your being the victim, increasing the odds that you will win the lawsuit. This process of determining fault in a car accident is critical, as it directly impacts the legal outcomes and compensation you may receive.

Car Accident Cases That Go to Trial Have a Lower Standard of Evidence Than Criminal Cases in Massachusetts

Something essential to remember is that civil and criminal cases are wholly different.

In general, civil cases are those that involve people suing another party for various reasons. Civil court requires an injured person to show, using evidence, that they suffered both medically and financially through no or limited fault of their own. In such cases, enlisting the help of a specialized attorney, like a Springfield burn injury lawyer, can be invaluable. They can handle this process on your behalf and work with you each step of the way.

Contact Us Today for Help With Your Car Accident Case

Winning Is No Accident

At the Cava Law Firm, we know our clients deserve experienced and dedicated legal help. We make it a point to give each person who comes to us for guidance personalized attention the compassionate service they need.

We are here to listen and talk with you about the process of pursuing a claim for damages related to your accident. We can also advise you on the potential of your case reaching a settlement or whether there is a chance that it needs to be taken to court for resolution.

If you have suffered losses because of someone else’s negligent or wrongful conduct, the team at Cava Law Firm can fight for you. With our help, you can recover economic and non-economic damages.

Schedule a free consultation with our team of personal injury lawyers by calling us at (413) 737-3430 or (413) 781-CAVA (2282).

Attorney Christopher F. Cava

Attorney Christopher F. Cava is the founding partner of Cava Law Firm and possesses more than 25 years of trial experience. By focusing on personal injury, he provides better services to his clients by staying on top of the trends in the courts and remaining current on recent case law. Attorney Cava originally began his career in business with a background in accounting. His extensive knowledge of financial matters, the law, and the community ensures that clients recover every dollar they’re entitled to so they can be compensated for medical bills, lost wages, and pain and suffering.
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