- April 15 2022
- | Car Accidents
If you have been injured in a car accident, you may be feeling overwhelmed and confused. Mounting medical bills, possibly coupled with an inability to work, may leave you feeling hopeless.
If you have been injured in a motor vehicle accident or lost a loved one in a crash, and you’re considering legal action, you may be wondering, “How often do car accident cases go to court?”
While that’s a difficult question to answer with certainty because there are no real figures available, most personal injury cases are settled during negotiations between the plaintiff and the insurance companies. This means that most injury cases, including car crash cases, never actually go to court.
Why Do Cases Go to Trial?
Cases can go to trial for a variety of reasons. Usually, cases that go to trial do so because an insurance company refuses to negotiate in good faith when trying to agree on an appropriate amount of compensation. Other reasons a case might go to trial include:
- Legal complexities
- Disputes over who was at fault and to what extent
- Multiple defendants involved in the case.
Because these are relatively rare occurrences, the question “What percentage of car accident cases go to trial?” has an answer that is quite small. Some estimates are that only 5% to 10% of car accident cases ever make it to court.
How Long Does a Court Hearing Last for a Car Accident?
If you’ve been injured in a car crash or are grieving the loss of a loved one, this is an understandable question. It’s another question that has no real answer. Because each case is different, the length of time that’s required for the court hearing is different. Some factors that lengthen or shorten this time include:
- The number of defendants
- The number of witnesses
- The strength of your case
- The severity of your injuries
- The strength of the defendant’s case
- Whether or not blame is being contested.
Sometimes a trial can last a few days; other times trials can take a few weeks. Often a year or more might pass before a trial even starts. The skilled car accident lawyers at Leverty & Associates Law Chartered can look at your case and give you a better answer to your question, “How long does a court hearing last for a car accident?”
The Settlement Process
If you’ve been injured or have lost a loved one in a motor vehicle accident, it might be helpful to understand how the car accident settlement process works. Trials can seem like frightening experiences, so if you’re wondering, “How often do car accident cases go to court?” it can be a relief to know that most cases are handled through the settlement process.
- Gather evidence about the crash, including photos of the scene and the accident report
- Obtain medical records, lists of medications, and a treatment plan
- Locate any available witnesses to get their testimonies
- Work with experts such as doctors and accident reconstruction specialists.
Once your lawyer has built a strong case for you, they will send a demand letter to the defendant and their insurance company that lays out your claim, describes your injuries, and explains the damages you seek to recover.
When the demand letter has been received, the defendant’s insurance company will do a thorough investigation of their own. After they have investigated, they will decide whether to accept the terms of your demand letter. The next steps in the process hinge on whether the insurance company agrees that you have a viable claim.
The defendant’s insurance company may counter with their own offer, which would begin an opportunity for negotiation and discussion about a fair settlement. If they refuse to come to an agreement, it may be more likely that your case will go to trial. However, an agreement can be reached at any time, even the night before a trial begins.
Statute of Limitations for Car Accidents
If the question “What percentage of car accident cases go to trial?” is something you are weighing while considering legal action, there is another important consideration. Personal injury cases are governed by laws called statutes of limitations. These laws limit the amount of time in which a victim can initiate legal action against the person responsible for their injuries.
Under Nevada law, the statute of limitations to commence legal action for personal injury is two years from the date of the accident. The limit to file a wrongful death lawsuit is two years from the date of death. If you wait to file your claim until after the statute of limitations has expired, your claim is likely to be immediately dismissed.
Why Choose Leverty & Associates Law Chartered?
If you were injured in a car crash and are considering legal action, and you’re wondering, “How often do car accident cases go to court?” you are not alone.
According to government statistics, there were 6.7 million motor vehicle accidents in 2019. Of those, 1.9 million people were injured and just over 33,000 people lost their lives. These experiences are life-changing and traumatic. Leverty & Associates Law Chartered is here to help you through this difficult time.
Our family firm has been helping accident victims since 1979. You can count on our car accident lawyers to provide you with personal, compassionate service. Knowledge of the insurance industry is a bedrock of our firm. This gives us a unique insight into how best to negotiate to make sure our clients get the maximum compensation they deserve for their injuries.
Call Us Today for Help with Your Car Accident Claim
With over a decade of combined experience, the attorneys at Leverty & Associates Law Chartered can help guide you through the car accident claim process. Call us at (775) 322-6636 and have the peace of mind that comes from knowing you have experience on your side.