Experiencing a car accident can be chaotic, and you may be unsure of your options and what they mean, including wondering, ‘When does a car accident go to court?’ In most cases, a car accident only goes to court if you or your attorney decides to pursue a lawsuit.
An experienced car accident lawyer can work on your behalf to negotiate for a fair settlement, but if the insurance company does not operate in good faith, you may choose to proceed to trial with the support of a Tucker car accident lawyer.
What happens before a car accident case goes to court?
Most car accident cases settle out of court, but not always. Before a case proceeds to trial, there are several important steps that usually take place. These steps give both sides a chance to resolve the claim without going before a judge, which can save time, money, and stress for everyone involved.
Here’s what can happen before a car accident lawsuit goes to court:
- Investigation and evidence gathering: Your attorney will collect key evidence such as police reports, medical records, photos, witness statements, and insurance information.
- Informal exchange of information: Both sides may voluntarily share relevant documents and details to settle the case without filing a lawsuit.
- Negotiations with insurance companies: Your lawyer will negotiate with the insurance company to try to reach a fair settlement offer.
- Demand letter: If negotiations stall, your lawyer may send a formal demand letter outlining your damages and requesting compensation.
- Settlement discussions or mediation: In some cases, both sides agree to attend mediation or settlement conferences to avoid a trial.
While most cases resolve during these pre-trial steps, some claims still end up in court, especially if the insurance company refuses to offer fair compensation or denies liability altogether. When that happens, your car accident attorney will be prepared to take your case to trial.
What are the signs that my Tucker car accident case may go to court
As the person directly affected by the accident, you have the final say on whether to accept a settlement, pursue a lawsuit, or even walk away from the case. While most car accident claims settle before ever reaching a courtroom, there are some situations where taking your case to trial may be the best (or only) option. This can happen when the insurance company outright denies a valid claim or offers a settlement that doesn’t come close to covering your losses, like your medical expenses or lost wages.
An experienced personal injury attorney can help you understand the potential risks and rewards and guide you toward the decision that best protects your interests. Keep in mind, Georgia law (O.C.G.A. § 9-3-33) gives you two years from the date of the accident to file a personal injury lawsuit, so it’s important to act before that deadline passes.
What happens after I decide to sue?
Once you decide to file a lawsuit, your attorney will prepare and file a formal complaint with the court and serve it on the defendant, usually the other driver or their insurance company. For car accident cases in Tucker, this typically happens in the DeKalb County courthouse.
After the lawsuit is filed, your case moves into the formal discovery phase. During discovery, both sides are legally required to gather, request, and exchange information relevant to the case. This can include documents like medical records, police reports, photographs, and insurance information. You may also take part in depositions, where you give sworn testimony outside of court. In some cases, you might be asked to undergo additional medical evaluations.
Call Fox Injury Law today for the legal support you deserve
When settlement negotiations fall short, you need a legal team prepared to take your case to trial. If you have been injured in an accident, the Tucker car accident attorneys with Fox Injury Law are here and ready to help. We offer free case consultations, so don’t hesitate to contact us online or call us at 404-777-7778.
