Should You Settle or Go to Trial After a Car Accident in Los Angeles?

Most car accident claims that are filed in Los Angeles never see the inside of a courtroom. They reach settlement agreements between the insurance company and the claimant. In certain circumstances, however, it may be in a claimant’s best interest to go to trial. Reviewing both options with help from a lawyer handling car accidents in Los Angeles can ensure you make the right choice about your particular case.

Why Settlements Are Preferred

The vast majority of Los Angeles personal injury cases initiated in California are resolved via settlements, or private, out-of-court agreements between the parties involved. Settlements are generally preferred to the court process because they are faster and cheaper. They can also remain private to protect the reputations of those involved.

Car accident settlements are also favored over trials because the parties can remain in control of the outcome of the case. They can negotiate with each other until a compromise is reached that satisfies both parties. A car accident trial, on the other hand, comes with uncertainty. Neither party can control or predict the outcome, as it is decided by a judge or jury.

When a Car Accident Case Could Go to Trial

It is uncommon for a car accident case in Los Angeles to have to go to trial. However, an attorney may recommend that you file a lawsuit and take an at-fault party to court if a fair settlement cannot be reached. In the following circumstances, your lawyer may advise going to court rather than settling:

• You have severe or catastrophic injuries, and an insurance company is not offering a reasonable settlement.
• An automobile insurance company has rejected your valid claim.
• The insurance company is acting in bad faith, meaning it is not handling your claim fairly or properly.
• The defendant behaved with gross negligence, and you want to hold them publicly accountable.

A court trial comes with the potential for higher compensation than a car accident settlement in Los Angeles. A jury may be sympathetic to the victim and award greater pain and suffering damages, for example. However, a trial can take years to resolve, and there is no guarantee of winning. Trials also have higher legal fees and costs.

Settlement vs. Trial in Los Angeles: Which Is Right for You?

Every car accident case is unique. What is best for one car accident victim may not apply to another. To find out if you would benefit more from accepting a settlement or going to trial, you must bring your case to a qualified car accident attorney in Los Angeles for a free consultation.

A lawyer will analyze the facts of your individual case to decide if it has elements that point to the need for a personal injury trial rather than settling, such as life-changing injuries, the death of a loved one or an uncooperative insurance provider. Certain factors increase the odds of a case going to court in LA County.

A car accident attorney can take over settlement negotiations with an insurance claims adjuster for you to fight for a fair and full settlement. If a settlement cannot be reached and you have strong evidence proving fault or negligence, your lawyer may recommend going to trial instead. A trial attorney can attend hearings, present evidence and represent you in court to aggressively pursue maximum compensation on your behalf.To discuss your unique car accident case with an experienced Los Angeles lawyer, contact Rose, Klein & Marias, LLP at (800) 362-7427 for a free case review.