- March 1, 2023
- Car Accident
Car accident cases often go to court when the accident resulted in severe injuries or death. Several factors can affect how often car accident cases go to court, including:
- The severity of the injuries
- Insurance coverage
- The location of the accident.
1. The Severity of the Injuries
One factor is the severity of the injuries. If the injuries are minor, the parties may be able to settle out of court; however, if the injuries are more serious, then the injured party may be more likely to take their case to trial to get the compensation they deserve.
Understandably, sometimes people want to avoid making a big deal out of a small injury, but it’s important to remember that even minor injuries can have major consequences if they’re not treated properly.
For example, a simple sprain can quickly become a chronic condition if it’s not given the proper time to heal. And what might initially seem like a harmless bump on the head could be a concussion.
That’s why it’s always best to be cautious and get an injury checked out by a doctor. Not only will this safeguard that you receive the proper treatment, but it will also provide you with documentation in case your injury turns out to be more serious and your case needs to go to court.
2. Insurance Coverage
Another factor that can affect how often car accident cases go to court is whether there is insurance coverage.
You likely feel overwhelmed and stressed when you are involved in an accident, Dealing with insurance companies can be confusing, and it is easy to feel like you are in over your head. Insurance adjusters know that car accident victims are vulnerable, and they may use this to their advantage.
They might tell you that you can trust them, and they will do everything they can to help you. Nevertheless, it is important to remember that the insurance adjuster’s goal is to settle your claim for as little money as possible. As a result, you should be cautious about trusting the adjuster and should always have your own legal representation.
In the case of a hit-and-run accident, sometimes an investigation can take months before a suspect is caught, if at all. Hit and run accident cases can proceed without a named defendant, but if the injured party did not have uninsured motorist (UM) coverage, the claim is more complex to pursue.
An attorney can help you navigate the claims process and deal with the insurance company for you. If the insurance company is unwilling to offer a fair settlement, or if liability is disputed, then the case may need to be decided by a judge or jury.
If the person at fault does not have any insurance coverage, the injured party may need to sue the other driver personally to get compensated.
3. The Location of the Accident
Lastly, the state where the accident occurred can also impact how often car accident cases go to court. For example, the State of New York has a three-year statute of limitations time limit to file a personal injury case in court.
Since New York uses pure comparative fault to determine liability in a car accident, the case may need to go to court to determine fault or the amount of recoverable damages.
Under this rule, each party is assigned a percentage of fault based on their actions leading up to, during, and after the accident. For example, if the total amount of fault assigned to a plaintiff is 99%, they can still be awarded damages even though they contributed to the accident. The amount of money awarded will be reduced by the amount they were found to be negligent.
How Long Does a Court Hearing Last for a Car Accident?
Some car accident court hearings in New York can last just a few days, while others can go on for weeks. The amount of time spent in a courtroom can depend on a few reasons such as:
- Jury selection
- The calling of witnesses
- Expert testimony
- Accident reconstruction
- Cross-examination of the parties.
Prepping for a court hearing or trial can take up to a year or longer before anyone ever steps foot in a courtroom for a hearing.
So much has to happen before you appear before the judge or jury, including serving the defendant or defendants with the complaint, allowing adequate time for defendants to respond to the complaint, conducting pre-trial hearings and conferences, exchanging discovery (evidence) between parties, interviewing witnesses, and preparing for trial, just to name a few.
The amount of time it takes to resolve your case largely depends on the number of parties involved, the assignment of fault, and the strength of your case. A willingness to reach a solution and financial settlement outside of court can also play a part in the overall time it takes to resolve a case.
What Percentage of Car Accident Cases Go to Trial?
It is estimated that over 95% of all car accidents do not go to trial. While most people injured in a car crash choose to settle out of court, there is a small percentage of car accident cases that do end up going to trial.
The decision of whether or not to take your car accident case to trial can be a difficult one. There are pros and cons to both settling out of court and going to trial.
For example, settling out of court is often quicker and less expensive than going to trial, and it also allows you to avoid the stress of a long legal battle; but on the other hand, settling out of court prematurely may not give you the full amount of compensation you could get if you went to trial and won.
When It Comes to Car Accidents in Brooklyn, You Deserve Full Compensation
You Focus on Healing While We Focus on Winning.
Each car accident case is unique. Experienced car accident attorneys in Brooklyn can help to assess the strength of your case and determine if going to court is the best course of action.
If your car was damaged or totaled in the accident, you may face costly repairs or replacement expenses. If you were injured, you may face medical bills and lost wages – not to mention pain and suffering.
Our lawyers have helped many people get full compensation after being injured in an accident. Contact us to see how we can help you too. Call us today at (516) 399-2364 to schedule a free consultation with Kaplan Lawyers, your New York law firm.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]