Do I Have To Go To Court After A Car Accident In Phoenix?

If you or a loved one have been in a car accident in Phoenix, you might be wondering whether you’ll have to go to court. The idea of standing before a judge, dealing with legal paperwork, and facing the other driver can be overwhelming. The good news is that you might not have to go to court. Most car accident claims are settled outside of court through negotiations with insurance companies. There are, however, situations where a lawsuit may be necessary.

After a car accident, your first step should be filing a claim with the insurance company, either yours or the other driver’s. An insurance adjuster will review the evidence, including police reports, medical records, witness statements, and vehicle damage estimates. Once they determine who was at fault, they may make a settlement offer. If you and your lawyer agree that the settlement is fair and covers your damages thoroughly, you won’t have to go to court at all.

Why do most cases settle?

Cases settle for a variety of reasons. First, trials are expensive, and both sides want to avoid legal fees. And trials take time. A case that goes to trial can take months or even years. Finally, insurance companies want to avoid risks. If they lose in court, they could end up paying you damages while also paying significant attorney fees.

Our skilled Phoenix car accident attorneys work to negotiate the best possible settlement for you. But what happens if the insurance company doesn’t offer fair compensation?

When might you have to go to court?

While most cases do settle, there are situations where taking legal action might be necessary. You may need to file a lawsuit if:

• The insurance company denies your claim. Sometimes, an insurer will refuse to accept liability, even when the evidence supports it.
• The settlement offer is too low. If the offer doesn’t completely cover your medical bills, lost wages, pain and suffering, and other damages, a lawsuit may be the best way to recover full compensation.
• The other driver is uninsured or underinsured. If the at-fault driver doesn’t have enough coverage, you may need to sue to recover your damages.
• The case involves serious injuries. More severe injuries mean higher medical bills and long-term consequences, which can make it more difficult to agree on a fair settlement.
• There’s a dispute about who was at fault. If the other driver claims you caused the accident and their insurer refuses to pay, you may need to go to court to prove your side.

If any of these situations apply to you, our Phoenix car accident lawyers can guide you through the next steps.

What happens if my case goes to court?

If it turns out that you do need to go to court, here’s what you can expect:

• Your attorney will file a personal injury lawsuit against the at-fault driver. This starts the legal process and can put pressure on the insurance company to take your claim seriously.
• Even after filing a lawsuit, your case can still settle before going to trial. Lawyers from both sides will continue to negotiate, and mediation may also be an option – where a neutral third party helps both sides to come to an agreement.
• Next comes the discovery process. During this phase, both legal teams gather evidence, take depositions (sworn statements), and request documents. This helps build a strong case before trial.
• If your case goes all the way to trial, you (and possibly witnesses) may need to testify. A judge or jury will hear both sides and decide whether you should be compensated and for how much.

Going to trial can be a stressful experience, but the Phoenix car accident attorneys at Plattner Verderame Arizona Injury Lawyers can help you prepare and fight for your best interests.

Can I avoid court and still get a fair settlement?

Yes. While insurance companies may start off with lowball offers, having an experienced car accident attorney on your side can make a huge difference. Our lawyers can:

• Gather strong evidence to support your claim
• Handle negotiations with the insurance company
• Push for a fair settlement that covers all your damages
• Advise you on whether it’s worth it to take your case to court

Insurance companies are more likely to take your claim seriously when you have legal representation. In many cases, just hiring a lawyer can increase your settlement offer without having to go to court.

How long does a car accident settlement take?

The time it can take to settle a car accident claim depends on a variety of factors, including the following:

• The severity of your injuries
• How long it takes (or will take) to complete medical treatment
• Whether fault for the accident is clear or disputed
• The cooperativeness of the insurance company

Some cases might settle in a few months, while others can take over a year – especially if a lawsuit is involved. Our Phoenix car accident lawyers can give you a better estimate based on your specific case.

What if I’m partially at fault for the accident?

The state of Arizona follows a comparative negligence rule, which means you can recover compensation for your losses even if you were partly at fault for the accident. However, your compensation will be reduced by the percentage of your fault.

For example, if you were 20% at fault for an accident, and your damages totaled $100,000, you would still be eligible to receive $80,000 (100,000 minus 20%).

In order to reduce their payout, the insurance company may try to place more blame on you. Our lawyers can help protect your rights and prevent you from being unfairly blamed for something you didn’t do.

What should I do after a Phoenix car accident?

If you or a loved one have been involved in a Phoenix car accident, you should take the following steps to protect both your health and your legal rights:

• Call 911. Report the accident and get the police report.
• Seek medical attention. Even if you feel fine, some serious injuries can take time to appear.
• Take photos of the scene, get witness contact information, and write down what happened.
• Notify your insurance company, but be cautious as to what you say. State only the facts, and don’t say anything that could be construed as you admitting fault.
• Talk to the Phoenix car accident lawyers at Plattner Verderame Arizona Injury Lawyers – the sooner you get legal advice, the better. Our attorneys can help you avoid common mistakes that can hurt your claim and work to ensure you secure the compensation you deserve.

If you’ve been injured in a Phoenix car accident, don’t face the insurance companies alone. The skilled attorneys at Plattner Verderame Arizona Injury Lawyers can work to negotiate a fair settlement without ever having to step into a courtroom. We can handle the legal process so you can focus on your recovery. Contact us today for a free consultation – and remember, we don’t get paid unless you win. Please call us or contact us now to schedule your consultation. We have offices in Phoenix and Tempe.