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May 20, 2023 by Greg Baumgartner
At Baumgartner Law Firm, we know that being in a car accident can cause worry and confusion. People ask if their car accident attorney in Houston will take the case to court, and naturally, they wonder what percentage of car accident cases go to trial.
Car accident claims are a subset of tort cases, which are a type of civil case involving personal injury or property damage. Most car accident cases fall under the broader category of civil cases and are typically resolved through settlement rather than trial. Statistics show that only a small percentage of car accident cases go to court, and even fewer cases go to trial. This is because most tort cases, including car accident claims, are settled out of court due to the time, expense, and uncertainty involved in litigation.
In this comprehensive article, Houston car accident lawyer Greg Baumgartner will explore the factors that determine the likelihood of a car accident case proceeding to court. We aim to provide valuable insights and information to help you navigate the legal process with greater confidence.
Roughly 50% of all personal injury cases in Texas are motor vehicle crashes.
Harris County, Texas, experiences thousands of car accidents annually. According to the Texas Department of Transportation, 239,539 people were injured in motor vehicle crashes in the most recent reported year.
With that number of injuries, some car accident cases will go to trial for various reasons, but the vast majority are resolved before reaching court.
Before we discuss the chances of car accident cases going to court, let’s review the typical legal process. It’s important to note that every case is unique and may follow a slightly different path. Still, the following stages provide a general overview:
1. Accident Occurs—The first stage involves a car accident, in which parties may suffer injuries or property damage. This can lead to a personal injury case if someone is harmed due to another’s negligence.
2. Medical Treatment and Documentation– Seek immediate medical attention for injuries sustained. Documenting your damages, medical treatments, and associated expenses is crucial.
3. Filing an Insurance Claim– Contact your insurance company to report the accident and initiate the claims process. Provide them with all the necessary information and evidence to support your claim.
4. Investigation and Negotiation—The insurance company will investigate the accident, gather evidence, and evaluate the claim’s validity. It will then enter into negotiations to settle the claim.
5. Settlement or Lawsuit– If a fair settlement cannot be reached through negotiations, the next step is to file a lawsuit against the responsible party. A personal injury lawsuit is a formal legal action, while a personal injury case may refer to the broader process of seeking compensation, whether through settlement or litigation.
6. Discovery and Pre-Trial— Both parties exchange information, conduct investigations, and prepare their legal strategies during the discovery phase. This phase may also involve depositions and interrogations. Legal professionals will review relevant laws and statutes to build a strong case during this stage.
7. Mediation and Settlement Conference—Many cases undergo alternative dispute resolution methods, such as mediation or settlement conferences, before trial. These methods aim to resolve without going to court. In Houston, over 60% of all cases that go to mediation settle at the mediation.
Mediation involves the parties agreeing on a mediator, typically a retired judge or an attorney specializing in personal injury or defense. The mediator is a neutral party and works to settle the case.
8. Trial—If a settlement cannot be reached through alternative methods, the case proceeds to trial. A judge or jury will review the evidence, listen to arguments, and decide based on the facts presented. Most Houston car accident trials involve a jury.
9. Appeal– After a trial, either party may appeal the decision if they believe there were legal errors made during the trial.
Now that we have a clear understanding of the general legal process, let’s examine the likelihood of car accident cases proceeding to court. If you are unsure about any step in this process, seeking help from experienced legal professionals is highly recommended. Having skilled legal representation is crucial for navigating negotiations, court proceedings, and ensuring your rights are protected.
After a car accident, your immediate actions can have a significant impact on your safety, your health, and the outcome of any future car accident claims. First and foremost, prioritize your safety and the safety of others by moving to a secure location away from traffic if possible. Once you are safe, call the police to report the accident—having an official report can be crucial for your insurance company and any potential legal proceedings.
Exchange contact and insurance information with all parties involved, including names, phone numbers, and insurance policy details. It’s also important to document the accident scene thoroughly. Take clear photos of the vehicles, the accident location, and any visible injuries or property damage. Make notes about the time, weather conditions, and any other relevant details.
If you have suffered injuries, seek medical attention right away, even if you think your injuries are minor. Prompt medical treatment not only protects your health but also creates a record of your medical expenses and the injuries sustained, which can be vital for your car accident claim. Keep all receipts and documentation related to your medical treatment.
Contact your insurance company as soon as possible to report the accident and start the claims process. Ultimately, consider consulting a skilled car accident lawyer. An experienced attorney can help you navigate the legal system, protect your rights, and pursue fair compensation for your losses.
Negligence is a central concept in car accident cases, as it determines who is legally responsible for the damages and injuries resulting from a collision. To succeed in a personal injury claim, you must show that the other driver breached their duty of care—meaning they failed to act as a reasonable person would under similar circumstances—and that this breach directly caused your injuries and financial losses.
Negligence can take many forms in accident cases, such as reckless driving, speeding, distracted driving, or failing to obey traffic signals. Proving negligence often requires gathering evidence, such as accident reports, witness statements, and expert testimony. A car accident attorney can be invaluable in building a strong case, collecting the necessary documentation, and presenting your claim effectively.
If negligence is established, you may be entitled to recover compensation for medical expenses, lost wages, and other damages related to the accident. In cases involving gross negligence, where the at-fault party’s actions were especially reckless or egregious, the court may also award punitive damages. These serve as a financial punishment and a deterrent against similar negligent behavior in the future.
While up to 40% of Houston car accident injury cases may end up in a lawsuit, only about 7% of Texas car accident injury cases get to trial. Most cases settle either pre-litigation, after a lawsuit, or before trial. These settlements typically address both economic damages, such as medical expenses and property damage, as well as non-economic damages, including pain and suffering.
The US Department of Justice conducted a study, and only 3% of personal injury cases in the study were resolved through a trial verdict. The average time to settle auto injury cases was less than that of other personal injury lawsuits, which settled in about 1.5 years.
Since the study, in Harris County, Texas, the number of cases that end up in litigation has increased substantially, yet most are settled before trial. Many cases proceed to trial because parties cannot agree on a reasonable settlement or because the injured party is seeking full financial compensation for their losses.
Well, everyone has heard of cases like the McDonald’s coffee lawsuit. The news media focus on the most significant cases and do not report on the vast majority of other cases. If you are unsure whether to settle or go to trial, we offer a free case evaluation to review your legal options. You can also schedule a free consultation with an attorney to discuss the merits of an out-of-court settlement versus pursuing your case in court.
Dealing with an insurance company after a car accident can be challenging, especially when you’re focused on recovering from your injuries. Insurance adjusters are trained to protect the company’s bottom line, and they may offer a quick, low settlement or question the extent of your injuries and damages.
It’s important to approach these negotiations with caution. A car accident lawyer can help you understand your rights, evaluate settlement offers, and negotiate for a fair settlement that covers your medical expenses and other losses. Be cautious when accepting early offers, as they may not fully account for ongoing medical treatment or future expenses.
Keep detailed records of all communications with the insurance company, including dates, times, and the substance of your conversations. If you feel the insurance company is not acting in good faith or you’re unsure about the negotiation process, don’t hesitate to seek legal guidance. Having an experienced attorney on your side can make a significant difference in the outcome of your car accident claim.
While every case is unique, several factors can influence the likelihood of a car accident case proceeding to court. Let’s explore these factors in detail:
One of the primary reasons car accident cases end up in court is when disputes arise over liability. If the responsible party denies their fault in causing the accident or if there are conflicting accounts of the events leading up to the collision, or if contributory fault issues are present, a lawsuit may be necessary to determine liability. Police officers’ opinions on fault do not establish liability and may not be heard by a jury.
In such cases, the court’s intervention becomes crucial in establishing fault and assigning appropriate compensation. Settlement offers are usually low in disputed liability cases. A negligent driver is often a central figure in these disputes, especially in wrongful death or serious injury claims.
The severity of injuries sustained by the involved parties can significantly impact the likelihood of going to court. Insurance companies are more likely to settle claims without litigation if minor injuries and medical expenses are relatively low.
However, severe injuries resulting in extensive medical treatments, long-term rehabilitation, or permanent disability may result in higher compensation sought, increasing the chances of litigation. Life-changing injuries, such as those causing permanent impairment, often lead to more complex legal battles and a higher probability of going to trial.
Disputes between the parties’ insurance companies may sometimes arise, leading to a potential lawsuit. For instance, if one party’s insurance coverage is inadequate to cover the damages or if there are multiple parties, the odds of a trial increase.
When either the at-fault party or their insurance company refuses to cooperate, negotiations may reach an impasse, making it necessary to pursue legal action. Lowballing insurance adjusters have become the norm in Houston for many insurance companies.
When the offers to settle are unrealistic, a lawsuit is often required. Likewise, if the personal injury victim has unrealistic expectations of the case value, a trial is much more likely to be required. Most cases can be settled out of court if everyone is realistic about the value of damages, such as pain and suffering.
Certain car accident cases involve complex legal issues that require a court’s intervention for resolution. For example, suppose multiple parties are involved, there is shared fault, or disputes arise over the interpretation of traffic laws in Texas. In that case, the case may be more likely to go to court.
Legal precedent is vital in determining the likelihood of going to court. If similar cases in the past have been resolved favorably in court, people may be more willing to file a lawsuit.
The lawyer’s legal strategy and the insurance company’s response can impact the likelihood of a lawsuit. Property damage in an auto wreck lawsuit can be one of those factors.
A greater chance of a trial comes with minor property damage to your vehicle. Insurance defense lawyers have been successful in many cases where the photos of a car hit show little or no damage. The greater the vehicle damage, the more likely a settlement will happen before a trial.
When calculating damages, medical costs are a significant factor in both settlement negotiations and trial decisions.
Many folks believe that hiring a lawyer is an unnecessary expense for their injury claims. Many adjusters imply that a lawyer may not be needed. One usual tactic an adjuster uses to discourage hiring a lawyer is saying something like, “We accept liability.”
When the insurance company does not want you to hire an attorney to represent you in your car accident injury claim, that should tell you everything you need to know about what to do.
The simple truth is that insurance adjusters and insurance companies do not treat someone handling the case without a lawyer the same way they do with an experienced attorney involved.
Car accident victims benefit from legal representation to get fair treatment and full compensation. Often, it is only after the victim first talks money with the adjuster that they understand the need to hire an attorney to get fair compensation.
In conclusion, whether a car accident case goes to court depends on several factors.
While some cases can be resolved through negotiation or other means, others require a court. This helps ensure fair compensation and resolution.
As experienced personal injury lawyers at Baumgartner Law Firm, we recognize the importance of understanding the legal process and the factors that influence the outcome of car accident cases. Our experienced auto accident injury team provides you with the guidance and support you need to navigate the complexities of your case.
Contact us today to schedule a consultation, and let us help you seek the justice and compensation you deserve. Call (281) 587-1111!
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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