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Personal Injury

Will My Car Accident Case Go to Court?

June 6, 2018

Updated: October 28, 2019

Car accident case goes to court judge jury

Most car accident personal injury claims settle before going to trial in court, but not all do. A car accident case may go to court if the parties, you and the insurance company, cannot agree to settle your claim. This can happen if the insurance company does not offer a fair settlement or if the parties cannot agree who was at fault for the accident.

Most car accident cases are resolved through a settlement before a trial. However, insurance companies want to settle for as little money as possible.  Our attorneys are not afraid to take a case to trial when appropriate.

Preparing a claim for trial helps improve the chances that your case will settle.  Thorough evidence gathering and careful case presentation are needed to prepare your case for settlement discussions, and if appropriate, trial.  Important evidence might include medical records, accident reports, and witness interviews.

If My Car Accident Case Goes to Trial, Will A Judge or a Jury Decide My Case?

You have a right to a jury trial.  The jury is the finder of fact.  That means that if there is a disagreement at trial as to how the accident occurred or the extent of your injuries, the jury will review the evidence that your lawyers present and decide who it believes.

If your case is heard by a jury, the jury will be presented with evidence during trial and decide who is at fault in the crash and how much money you should receive in damages from the insurance company. At trial, both you and the defendant can present evidence to the jury.

A car accident case can be decided by the judge.  The judge can serve as the finder of fact in place of the jury if the plaintiff and defendant both agree to waive the right to a trial by jury.  Whether to waive a jury is an issue that you will need to discuss with your lawyer.

Having an experienced car accident attorney should improve your odds of settling your case without a trial and make sure that you are prepared for trial if one is needed.  The experienced car injury attorneys at Chisholm Chisholm & Kilpatrick LTD are here to take on powerful insurance companies. Contact our office today at 401 331 6300 for a free case evaluation.