The majority of auto accident cases get resolved before trial; only about 5% go to trial. Below are some of the major signs that show your case might be among the few that end in a trial.
Cases involving multiple defendants tend to be complicated. For one, multiple defendants mean you might have separate claims with the defendants. Separate claims and negotiations increase the risk that at least one of the defendants will prove difficult to negotiate with and force you to a trial.
Secondly, the defendants love to shift blame to other parties if they think they might get away with it. If that happens, you might have to file a lawsuit so that the court can force the liable party to compensate for your damages.
Extreme Demand – Offer Disparity
Your case might also end in a trial if the defendant's offer is much lower than your demand. Most auto accident claims begin with a high offer and a relatively lower offer from the insurance adjuster. The two parties then take time to negotiate and reach an agreement. You should be worried, however, if you have been negotiating for a long time, but you are nowhere near an agreement.
Such a situation might arise if:
- You have not presented the other party with the evidence of your claims
- You have made an error in your case's valuation and inflated its value
- The other party thinks your case is weak and that you will settle for a lower amount
- You filed your case late, and the other party wants to run down the statute of limitations
Most people, including insurance companies, prefer to settle outside the court. Thus, you will only reach such an impasse if both of you are convinced of your positions on the settlement figure.
In many auto accident cases, the major disagreement is not the liable party, but the value of damages. Thus, your case might also end in a trial if liability is not clear or if you disagree on the liability with the other party.
Consider a case in which you are pursuing an auto accident as a product liability against the auto manufacturer, but the manufacturer is blaming the driver. Another example is an auto accident involving multiple cars where liability is not clear, and you need expert testimony to clear the issue.
An accident attorney can help you with your auto accident case. The lawyer's experience and skills will be handy during the trial.