What Happens If the Car Crash Lawyer Cannot Settle Your Case?

When you hire a car crash lawyer after an accident, you hope for a quick settlement that covers your medical bills, lost wages, and other damages. However, not all personal injury cases end with a negotiated settlement. Sometimes, the insurance company refuses to offer fair compensation, or the other party disputes liability. When your attorney cannot reach a settlement agreement, you have several options to pursue justice and the compensation you deserve.

Understanding Why Settlement Negotiations Fail

Settlement negotiations can break down for various reasons. The insurance company might deny your claim entirely, arguing that their policyholder was not at fault for the car accident. They may also dispute the extent of your injuries or claim that your medical treatment was unnecessary. Sometimes, the insurance adjuster offers compensation that is far below what your case is worth, refusing to negotiate in good faith.

Other factors that can prevent settlement include disagreements about liability, insufficient insurance coverage, or complex legal issues surrounding the accident. When multiple parties are involved, determining fault becomes more complicated, making settlement negotiations challenging.

Filing a Lawsuit: Taking Your Case to Court

When settlement talks fail, your car crash lawyer will likely recommend filing a lawsuit against the at-fault party. This legal action formally begins the litigation process in civil court. Your attorney will prepare and file a complaint that outlines the facts of your case, the defendant's negligence, and the damages you are seeking.

The lawsuit serves as notice to the defendant that you are pursuing legal action for compensation. Once filed, the defendant has a specific time period to respond to your complaint. This response typically includes their version of events and any defenses they plan to use.

Filing a lawsuit does not mean your case will definitely go to trial. Many cases settle during the litigation process as both parties gain a better understanding of the strengths and weaknesses of their positions.

The Discovery Phase: Building Your Case

After filing the lawsuit, your case enters the discovery phase. During this period, both sides gather evidence, interview witnesses, and exchange information relevant to the accident. Your personal injury lawyer will collect medical records, accident reports, expert witness testimony, and other documentation to support your claim.

Discovery tools include depositions, where witnesses and parties answer questions under oath, and interrogatories, which are written questions that must be answered truthfully. Your attorney may also request documents from the other party and conduct independent investigations.

This phase can take several months or even years, depending on the complexity of your case. The evidence gathered during discovery often influences whether the case will settle or proceed to trial.

Mediation and Alternative Dispute Resolution

Before your case goes to trial, the court may require mediation or other forms of alternative dispute resolution. Mediation involves a neutral third party who helps both sides negotiate a settlement. The mediator does not make decisions but facilitates discussions between your lawyer and the defense attorney.

Many car accident cases settle during mediation because it provides a structured environment for negotiation. The process is less formal than a trial and often less expensive. If mediation fails, your case will continue toward trial.

Some courts also offer arbitration, where an arbitrator makes a binding or non-binding decision about your case. Your attorney will advise you on whether these alternatives are beneficial for your specific situation.

Preparing for Trial: What to Expect

If your case cannot be resolved through settlement or alternative dispute resolution, it will proceed to trial. Your car crash lawyer will prepare extensively, organizing evidence, preparing witnesses, and developing a trial strategy. This preparation includes creating opening and closing statements, preparing exhibits, and anticipating the defense's arguments.

During trial, both sides present their cases to a judge or jury. Your attorney will present evidence showing that the defendant was negligent and that this negligence caused your injuries and damages. The defense will try to dispute liability or minimize the extent of your damages.

Trials can last anywhere from a few days to several weeks, depending on the complexity of the case. The judge or jury will then deliberate and reach a verdict about liability and damages.

Potential Outcomes and Appeals

If your case goes to trial, there are several possible outcomes. You might receive a favorable verdict that awards you full compensation for your medical expenses, lost income, pain and suffering, and other damages. However, you might also receive a smaller award than expected or, in some cases, no compensation at all if the jury finds the defendant not liable.

Either party can appeal the trial court's decision if they believe legal errors occurred during the trial. The appeals process can add months or years to your case and may result in a new trial or modification of the original verdict.

Your attorney will discuss the likelihood of success on appeal and whether it makes sense to pursue this option based on the specific circumstances of your case.

Working with Experienced Legal Representation

When settlement negotiations fail, having experienced legal representation becomes even more critical. A skilled car accident attorney understands the litigation process and can effectively present your case in court. They know how to gather compelling evidence, work with expert witnesses, and present arguments that resonate with judges and juries.

Your lawyer should keep you informed throughout the process, explaining your options and the potential risks and benefits of proceeding to trial versus accepting a settlement offer. They should also be transparent about the costs and time involved in litigation.

Conclusion

When your car crash lawyer cannot settle your case, it does not mean your fight for fair compensation is over. While litigation can be more time-consuming and expensive than settlement, it may be necessary to achieve the justice you deserve. At Miller Trial Law, our experienced attorneys are prepared to take your case to trial when insurance companies refuse to offer fair settlements. We understand the complexities of car accident litigation and will fight tirelessly to protect your rights and secure the compensation you need to move forward with your life.