Most car accident cases in Georgia settle before reaching trial. Insurance companies often prefer to negotiate rather than litigate and risk an unpredictable jury verdict. However, a case might go to trial if the insurer disputes liability or refuses to offer fair compensation.
A Georgia car accident lawyer can assess your case, negotiate with insurers, and represent you in court if needed.
Why Do Some Car Accident Cases Go to Trial?
Car accident cases often settle before trial, but some move forward to litigation if:
- The parties disagree on who caused the accident — If neither party backs down and the evidence does not clearly show who caused the auto accident, a judge or jury might need to decide.
- The insurance company refuses to offer enough compensation — If negotiations stall and the other driver’s insurance company does not agree to a fair settlement, an auto accident attorney might determine that litigation is the only option.
- The case involves severe injuries — Insurers fight harder to minimize payments when the stakes are high. If a car crash victim has high medical expenses and is seeking significant compensation, the insurance company might prefer to take their chances at trial.
- The insurance company causes delays, denies payments, or refuses to negotiate fairly — If an insurer acts unreasonably, you might need to pursue a personal injury claim to force a resolution.
- The insurer argues that the accident did not cause your injuries — If the medical records do not clearly prove a direct link between the auto accident and your injuries, a trial might be necessary.
- The case involves several drivers, pedestrians, or other parties — If the parties disagree about who holds responsibility for the car wreck or if they blame each other, the case might need to go to trial.
Why Do Insurance Companies Prefer to Settle Instead of Going to Trial?
Insurance companies settle most car accident claims to save time and money. Going to trial involves time for personal injury lawyers to prepare a case, hire expert witnesses, and go through discovery. Insurers can avoid the costs of mounting a defense and resolve claims more quickly with settlements.
Trials involve uncertainty. A jury could award more than the insurer expected, forcing it to pay more than it planned for economic damages such as medical bills and lost wages, as well as pain and suffering damages. Settling a personal injury lawsuit gives the insurance company more control over the outcome than leaving it to a jury.
Publicity is another concern with trials. A trial puts evidence on record, including how the company handles claims. A motor vehicle accident settlement, on the other hand, keeps claim details private.
What Happens If My Georgia Car Accident Case Goes to Trial?
If your case goes to trial, it will follow a structured process. First, the court will select a jury. Lawyers from both sides question potential jurors to ensure fairness. Once jurors are selected, the jury hears the case and decides on the outcome.
Both sides give opening statements. The Atlanta auto accident lawyer representing the injured party explains why the other driver caused the accident and why financial compensation is necessary. The defense lawyer presents their side and argues against their client’s responsibility for the injured party’s losses.
Witnesses testify, and lawyers introduce physical evidence, medical records, and expert opinions. The attorneys can cross-examine opposing witnesses and challenge evidence. After both sides finish, they give closing arguments summarizing their cases.
Settlement negotiations can occur while the trial is in progress, and even while the jury is deliberating. If the jury rules in favor of the injured party, it also determines how much compensation to award. If it rules for the defense, the injured party receives nothing.
It’s worth noting that a verdict does not automatically end the case since the losing side can file an appeal.
What Is Necessary to Prove the Other Driver Is at Fault for the Accident?
An experienced car accident lawyer understands the type of evidence needed to prove the other driver caused an accident. Police reports can provide important details, including officer observations and whether the other driver received a citation. Insurers consider these reports when determining fault and whether to agree to a car accident case settlement.
Witness statements could also support your case. If bystanders saw the crash, their accounts can confirm your claim about how the Atlanta car accident happened. Testimony from passengers or other drivers involved in the car crash can also help you establish fault.
Visual proof from photos and videos can provide key evidence, too. Pictures of vehicle damage, skid marks, and road conditions can show what led to the crash. Traffic camera footage or dashcam videos that capture the car accident can make it harder for the at-fault driver to deny responsibility.
An Atlanta car accident lawyer may hire accident reconstruction specialists to analyze the accident scene and develop a car accident report showing how the crash happened. The findings can help your attorney prove fault in more complex motor vehicle accident cases.
Medical records also are crucial in car accident cases. If your injuries match the accident details, medical records can bolster an Atlanta car accident claim. An experienced car accident attorney can combine all of these types of evidence to develop a persuasive case for maximum compensation.
What Is the Statute of Limitations in Georgia for Filing a Car Accident Lawsuit?
Ga. Code § 9-3-33 gives car accident victims two years from the accident date to file a personal injury lawsuit seeking compensation for injuries. If you miss the deadline, the court will likely dismiss your case, and you will lose the chance to recover compensation.
Certain exceptions to this two-year deadline exist. If an injured party is under 18 or legally incompetent at the time of the accident, the “clock” might not start counting until the injured person turns 18 or regains competence. Additionally, if the at-fault driver leaves Georgia for a period, that time might not count against the deadline. An experienced lawyer can review your car accident and discuss your legal rights under Georgia law.
Filing a lawsuit takes time. Gathering evidence, negotiating with insurers, and preparing legal documents all require careful planning. If you have questions about seeking a fair settlement after a car accident in Atlanta, you should contact a knowledgeable accident lawyer for a free consultation to help you evaluate the appropriate steps to take.
Contact a Georgia Car Accident Lawyer
The Atlanta car accident attorneys at Bayuk Pratt can help you seek maximum compensation if you sustained serious injuries in a car accident. The founding partners of our law firm previously served as senior partners at two of the world’s largest defense law firms. We use that knowledge of how insurers approach injury claims to the advantage of our clients. Our skilled negotiators are successful in reaching car accident settlements in most cases without a trial. If your case needs to go to trial, our civil litigation lawyers will be prepared to present your strongest case in court.
Our legal team has more than 50 years of combined experience in Atlanta and has recovered more than $300 million in verdicts and settlements for our clients to date. Contact us today for a free case evaluation.
