If you do have a viable car accident case, and you want to seek compensation for your losses, it is easy to assume that your case will take place in a courtroom. After all, we see many injury victims taking the witness stand on TV and in movies. In reality, however, very few car accident cases go to trial. Instead, the large majority of car accident claims resolve well before a trial date.
First, your attorney will file an insurance claim, which requests compensation directly from the insurance company without involving the courts at all. Negotiations will likely occur between your lawyer and the insurance adjuster, and, many times, your lawyer can obtain an insurance settlement offer that covers all of your losses. If this happens, your case is over, and you will not need to file a court case.
If the insurance company does not offer a sufficient amount of compensation, your attorney might need to file an injury lawsuit on your behalf. This still does not mean that you will have to go to trial. A major part of the litigation process involves rounds of settlement negotiations with the defendant and their insurance company.
Often, the insurance company wants to avoid the cost and uncertainty of trial so it is more willing to offer an acceptable amount during pretrial litigation. This is why most cases do not have to go to trial for car accident victims to receive compensation.
