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Will My Case Go to Trial or Can it Be Settled Out Of Court?

Will My Case Go to Trial or Can it Be Settled Out Of Court?
The majority of car accident claims are settled out of court through negotiation between a car accident lawyer and the other driver’s insurance provider. Trials are a last resort when both parties are not able to agree upon a fair settlement amount.

Why Do Most Car Accident Claims Settle Out Of Court?

Parties involved in a car accident claim typically engage in settlement negotiations to resolve the dispute without the need for a trial. Negotiating a settlement allows both parties to avoid the time, expense, and uncertainty associated with litigation.

Other reasons auto accident claims are often settled out of court include:

Cost and Time

Trials can be time-consuming and expensive, involving court fees, attorney fees, expert witness fees, and other costs.

Control Over Outcome

Settling a car accident claim gives both parties more control over the outcome compared to leaving the decision in the hands of a judge or jury at trial.

Risk Management

Trials carry risks for both parties. There is no guarantee of success, and the outcome may not always be favorable.

When is it Necessary to Go to Trial?

Going to trial for a car accident case may be necessary when both parties fail to agree upon a fair settlement.

Other reasons to pursue a trial include:

Disputed Liability

If both parties disagree regarding who was at fault for the auto accident, settlement negotiations may stall. Going to trial allows a judge or jury to determine liability based on the evidence presented.

Disputed Damages

Both parties may also disagree on the extent of damages resulting from the accident, including pain and suffering, past and future medical expenses, lost wages, and property damage.

Policy Limits

In cases where the at-fault party’s insurance policy limits are insufficient to cover the full extent of the damages, a car accident lawyer may determine that their client stands a better chance of recovering the compensation they deserve in court.

Bad Faith Tactics

If an insurance company engages in bad faith practices, such as delaying or denying a valid claim, a car accident attorney may pursue legal action on behalf of their client through a trial to hold the insurer accountable and seek fair compensation.

Should I Hire a Car Accident Lawyer to Handle My Auto Accident Claim?

If you were involved in an accident and suffered injuries, liability is disputed, or you believe the insurance company is using bad faith tactics, hiring a car accident lawyer to represent you can level the playing field. Your car accident attorney can investigate your accident, gather evidence that supports your claim, and negotiate with the insurance company for a fair settlement. If a settlement cannot be reached, they can represent you in court and help you recover the award you deserve, for an accident that was not your fault.


Ben Dominguez


Ben Dominguez, a seasoned attorney based in Houston, offers exceptional legal guidance and representation. With 27 years of experience, Ben has a strong track record of litigating high-profile cases, securing damages for clients, and achieving not-guilty verdicts in serious criminal charges. His expertise extends beyond the courtroom; he has spoken before Texas legislative committees, contributed to political campaigns, and engaged with national media. Located a block from the Museum of Fine Arts, his law firm embodies a commitment to justice, demonstrating a work ethic and personalized approach that are key to successful legal outcomes. Ben’s dedication to respect and understanding for all clients sets him apart in the legal field.  Learn More

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If you were involved in an accident that was caused by the negligence of another person or entity, the personal injury lawyers at the Ben Dominguez Law Firm are here to help.

Let our legal team handle every aspect of your case, so you can focus on what matters most, your health and moving on with your life. Contact us today to learn more.