The short answer for most people is no. The vast majority of car accident claims resolve through settlement negotiations well before a trial date is set. While that may come as a relief, there are certain situations where taking your case to trial could actually work in your favor.
Learning about what pushes a case toward trial and what keeps it in the settlement phase can help you make informed decisions about your claim. Our car accident attorney in Nashville, TN can walk you through the specifics during a free consultation, but read on for further information in the meantime.
Why Do Most Tennessee Car Accident Cases Settle Before Trial?
Settlements are faster, less expensive, and more predictable than trials for both sides. Insurance companies know that going to court means spending significant resources on legal fees, and they understand that Tennessee juries tend to side with plaintiffs more often than the national average.
Insurers often prefer to resolve claims during negotiations as a result of this framework, rather than risk a jury handing down a larger award. Your efficient Nashville personal injury lawyer can use that leverage to push for a settlement that reflects the full value of your case without the uncertainty that comes with a trial.
What Circumstances Could Push My Case Toward a Courtroom?
While settlement is the most common outcome, certain situations make trial a realistic possibility. Your case may be headed in that direction if:
- The insurance company disputes who was at fault for the accident
- The insurer refuses to acknowledge the full extent of your injuries
- The settlement offer on the table is far below what your case is worth
- The at-fault driver’s policy limits are too low to cover your losses and other avenues of recovery need to be explored
- Complex issues like multiple liable parties or questions about medical causation require a jury’s determination
If any of these circumstances apply, your attorney may recommend filing a lawsuit and preparing for trial. Keep in mind that Tennessee’s one-year statute of limitations that applies to most cases means this decision cannot be delayed for too long.
What Are the Risks and Benefits of Taking My Case to Trial?
The biggest advantage of trial is the potential for a higher award than what you would receive through a settlement. Jury verdicts in Tennessee personal injury cases have reached well into the hundreds of thousands of dollars or more in extreme situations.
The tradeoff is uncertainty. No matter how compelling your evidence is, you can never predict with certainty how a jury will rule. Trials also take longer and require more resources than settling out of court. Your trial attorney can help you weigh these factors and determine whether the potential upside justifies the risk based on the specific facts of your case.
Contact a Trial Lawyer With Woodard Injury Law for Legal Help
Approaching your case with trial-level preparation from the start often leads to better settlement offers because insurance companies recognize when the other side is ready to go the distance. Woodard Injury Law takes that approach with every client and is ready to get started on your case as soon as you are.
Contact us today at (615) 640-3648 for a free consultation. We can answer all of your questions at that time as well as provide you with some initial legal advice.