Signs That Your Car Accident Case May Have to Go to Court

25 September 2023
 Categories: , Blog


In some cases, resolving a car accident claim can be straightforward, with insurance companies settling the matter out of court. However, there are instances where your case may have to go to court to ensure you receive the compensation you deserve. Learn more about the signs that indicate your car accident case may need to be resolved in a courtroom.

Liability Dispute

One of the primary reasons a car accident case may end up in court is if there is a dispute over liability. Insurance companies will often fight to avoid paying out large sums of money, especially if they believe their insured party was not at fault for the accident. If the other party denies responsibility or if the evidence is unclear, your attorney may need to present your case in court to prove the other party's negligence and establish liability.

Significant Damages

If you have sustained severe injuries or suffered a lot of property damage because of the car accident, the value of your claim may be substantial. Insurance companies may hesitate to provide a just and full settlement. In these instances, taking your case to court may be necessary to seek the full compensation you deserve.

Insurance Company Refusal

Insurance companies have a reputation for seeking minimal payouts when processing claims. In the event that they decline negotiations or propose an unjust settlement, resorting to a lawsuit may become necessary. Taking legal action can send a clear message that you are serious about pursuing your case and can potentially lead to a more favorable settlement offer.

Pre-Existing Injuries or Conditions

If you had previous injuries or ongoing medical conditions that were worsened by the car accident, insurance companies might attempt to leverage this against you. They may argue that your injuries were not caused solely by the accident but were instead a result of your existing health issues. Establishing causation can be an intricate process, often necessitating expert testimony or medical records to support the claim at hand. Taking your case to court may be necessary to establish the link between the accident and your injuries.

Emotional Distress and Pain and Suffering

Although quantifying emotional distress and pain and suffering can be challenging, they are indeed valid damages that one can pursue in a personal injury claim. Insurance companies may downplay or deny these damages, offering minimal compensation. If your emotional distress and pain and suffering are significant and impactful, presenting your case in court may be necessary to convince a judge or jury to award you appropriate compensation.

Although most car accident cases are settled without going to court, there are instances where litigation is unavoidable. Reach out to a car accident attorney near you for more information.