If you’re wondering whether your car accident case will go to trial, the honest answer is: probably not—but it’s always a possibility. Most car accident claims are resolved through settlements, but certain circumstances can push a case into the courtroom. Understanding why that happens can help you feel more prepared and in control of your situation.
At Fenimore Injury Law, accident victims are guided through both settlement negotiations and, when necessary, litigation. Here’s what you need to know about whether your case is likely to go to trial.
Most Car Accident Cases Settle—But Yours Might Not
Statistically speaking, the vast majority of personal injury cases—often estimated at 90–95%—settle before trial. That means there’s a strong chance your case will be resolved through negotiations with the insurance company.
However, that doesn’t guarantee your case will settle. Every accident is different, and whether your claim goes to trial depends on how willing the insurance company is to offer fair compensation—and how strong your case is.
What Makes a Car Accident Case Go to Trial?
There are several key factors that increase the likelihood of a case going to court:
1. Fault Is Being Disputed
If the other driver or their insurance company argues that you were partially or fully at fault, it can stall settlement talks. When liability isn’t clear—or both sides refuse to back down—a judge or jury may need to decide what really happened.
2. The Insurance Company Won’t Offer a Fair Settlement
Insurance companies are businesses focused on minimizing payouts. If they offer less than what your claim is truly worth—especially when it comes to medical bills, lost wages, and pain and suffering—you may need to file a lawsuit to pursue full compensation.
3. Your Injuries Are Serious or Long-Term
Cases involving severe injuries—like traumatic brain injuries, spinal damage, or permanent disability—are more likely to go to trial. These claims are higher in value, and insurers often fight harder to avoid large payouts. In these situations, working with an experienced Pensacola car accident lawyer becomes especially important.
4. Insurance Coverage Isn’t Enough
If the at-fault driver’s policy limits don’t fully cover your damages, your attorney may need to explore additional legal avenues. That can include pursuing other liable parties or filing underinsured motorist claims—both of which can lead to litigation.
5. Medical Evidence Is Being Challenged
If the insurance company claims your injuries were pre-existing or unrelated to the accident, your case becomes more complex. These disputes often require expert testimony, and if a fair agreement can’t be reached, trial may be necessary.
What Actually Happens If Your Case Goes to Trial?
Going to trial doesn’t mean something went wrong—it often means your attorney is fighting for the compensation you truly deserve.
Here’s a simplified look at the process:
- Your attorney files a lawsuit
- Both sides exchange evidence (called discovery)
- Witnesses and experts are deposed
- Pre-trial motions shape what evidence can be used
- A jury is selected
- Both sides present their case in court
Even then, it’s important to know: cases can still settle at any point—even during trial. In fact, many insurers become more willing to negotiate once they see you’re serious about going to court.
How Long Does It Take If a Case Goes to Trial?
If your case does go all the way to trial, it can take anywhere from one to three years from start to finish. The timeline depends on factors like court schedules, the complexity of your case, and how aggressively the insurance company fights the claim.
This is one reason why attorneys often aim to settle cases efficiently—while still ensuring you receive fair compensation.
Should You Be Worried About Going to Trial?
Not necessarily. While the idea of going to court can feel intimidating, it’s often a sign that your attorney is standing firm against an unfair offer.
In some cases, trial verdicts can result in significantly higher compensation than what was initially offered in a settlement. The key is having an attorney who knows when to negotiate—and when to push forward.
What You Can Do to Strengthen Your Case
Whether your case settles or goes to trial, your actions after the accident matter. Here are a few steps that can make a big difference:
- Seek medical attention right away
- Document the accident scene with photos and videos
- Keep all records of medical treatment and expenses
- Track lost wages and time missed from work
- Avoid speaking to insurance adjusters without legal guidance
- Consult an attorney before accepting any settlement
These steps help build a strong, evidence-backed case—making it easier to negotiate or win at trial if needed.
What’s the Verdict? It Depends on Your Case
So, will your car accident case go to trial?
In most situations, no—but it can if the insurance company refuses to play fair.
The best way to know what to expect is to speak with an experienced attorney who can evaluate your case based on its unique facts, injuries, and insurance coverage.
If you’ve been injured in a crash, the team at Fenimore Injury Law can help you understand your options and fight for the compensation you deserve. Whether your case settles quickly or requires litigation, having the right legal advocate on your side makes all the difference.