What Happens When my Car Accident Case Goes to Trial?


Being involved in a car accident can be frightening and stressful. Not only do you have to deal with the matter at hand, but there are sometimes a variety of legal and financial consequences that follow it. Those who come out of an accident without any serious injuries are lucky. However, severe accidents can require a tiring legal process to hold negligent parties accountable for their actions. Most of the time, accident insurance claims are settled before going to trial. While this is true, in the event that you do go to trial, it is important to know what to expect. Continue reading to learn more.

Why Would I Go to Trial?

There are two main reasons as to why a claim may go to court: if you and the insurance company cannot agree regarding who was at fault or both parties are not satisfied with the proposed compensation. If you are unable to agree on fault, the trial can help by presenting evidence to the court to prove your case. If it is determined you were not at fault, you may be entitled to more compensation. However, it is important to keep in mind that if you are proven to be at fault, it can hurt your case and overall settlement. 

What Does a Car Accident Trial Look Like?

The first step in a car accident trial is the selection of the jury. Just like any other jury selection, the pan is selected randomly to prevent possible biases by asking each jury member various questions to see if they are fit for the case. Once a jury is chosen, a trial date can be set. During this time, it is important to work with your attorney to form your case and prove you are right. This can consist of gathering data and witness testimonies to back up your claim. 

During the trial, opening statements will occur where each side presents their argument for why they believe they are right. It is here that an insurance company may claim you do not deserve compensation because you were partially at fault for the accident. Once opening statements are done, you can present your case to the jury by sharing your proof with the assistance of an attorney. Proof can consist of witness testimony, bystanders, medical professionals, and more. 

After both sides are presented and argued, closing arguments can be delivered. This is when both sides give a concise recap of their case to the jury. The jury can then go to another room to decide their verdict. Depending on the case, this can last only a few hours or several days. After deliberating, the jury will share the verdict with the judge who will communicate the decision to you and your attorney. If you win your case and the losing party does not file an appeal, you generally can receive your compensation within 15-40 business days from the insurance company.

Contact our Firm

If you or someone you know has been wrongly injured, you must not wait. Our firm is ready to help you through each step of the legal process to help ensure you recover the financial compensation you need to move on with your life. We are ready to help–all you have to do is contact Brock & Goetzmann, PLLC today.

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