“Will my car accident case go to trial?”
Many injury victims who have filed a car accident injury claim wonder, “Will my car accident case go to trial?” The simplest answer is that most car accident cases do not go to trial. The vast majority of auto accident injury cases settle out of court. Studies show that only about 5 percent of auto accident cases go to trial.
However, your car accident attorney may decide to file a lawsuit and pursue justice through the court system if:
- the insurance company does not offer a fair settlement
- the insurance company and/or defense counsel disputes liability
Insurance companies will often go to great lengths to avoid paying fair compensation for an injury claim. They frequently offer a lowball amount and try to settle a car accident injury claim as fast as possible.
In a recent post, we looked at some of the common “tricks” insurance companies may use to try to pay as little as possible on your claim.
How does a trial for a car accident injury claim work?
Some auto accident injury lawsuits may be resolved by a single judge, but in the state of North Carolina, most car accident lawsuits that cannot be settled out of court are ultimately resolved in a jury trial.
In most cases, the plaintiff (injured party) is represented by an injury attorney, and the defendant is represented by a defense attorney. The defense attorney is often hired by the defendant’s insurance company, as it is typically the insurance company that will be responsible for paying any damages awarded at trial.
In a jury trial, a jury of 12 jurors selected by plaintiff’s and defense counsel will consider the evidence presented and determine whether or not the injured party is entitled to compensation. In many cases, the jury’s deliberation involves determining who was responsible for the accident.
In North Carolina, it can be particularly difficult to prove liability due to the law of contributory negligence. Under this law, if you are determined to be even partially responsible for the accident, you are not entitled to compensation.
Most auto accident jury trials in North Carolina last 1-3 days. The length of the trial generally depends on the amount of evidence and number of witnesses called to testify.
At the end of the trial, the jury will deliberate and seek to come to a unanimous verdict. If the jury fails to reach a unanimous decision, this results in a mistrial.
If the jury issues a unanimous verdict, however, that is typically the end of the legal process. You are not automatically entitled to an appeal, unless the judge is found to have made an error in his or her rulings during the trial.
Have you been injured in an auto accident in North Carolina?
If you’ve suffered an injury in a North Carolina auto accident, you may be entitled to compensation if the accident is the result of someone else’s negligence.
Depending on the circumstances of the case, your claim may settle out of court, or it may be necessary to file a lawsuit and go to trial. An experienced North Carolina car accident lawyer can help you determine your best legal options.
There is no obligation and you won’t pay any attorney fees unless we win you case and you receive financial compensation.
Our attorneys have more than 220+ years of combined legal experience and we’ve secured millions of dollars in compensation for injured North Carolinians (see disclaimer below).
You don’t have to go through this alone, and we would love to help you seek justice and compensation for your injuries if we can.
“Whether we settle out of court or represent you in a jury trial, we are ready to help you get justice however we can.”
-Gene Riddle, managing partner and attorney, Riddle & Brantley
In most cases, your car accident injury claim will not go to trial, but if a lawsuit is necessary, our attorneys have extensive experience winning significant verdicts in court on behalf of injured victims.
Let’s review your injury claim. You may be entitled to compensation and you deserve justice.
Justice Counts for those injured due to others’ negligence.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.