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How to Resolve a Car Accident Case: Go to Trial or Settle?

How to Resolve a Car Accident Case: Go to Trial or Settle?

Unless you have a serious accident, you may never become embroiled in the legal process that can start after a car wreck. However, once it is determined that your injuries were caused by someone else’s negligence, recklessness or carelessness, the most important thing you can do is find an excellent personal injury attorney and then trust your lawyer’s advice.


The majority of auto accident cases are resolved after a claim detailing the victim’s injuries and damages is submitted to the insurance company and a settlement is negotiated that fairly meets the needs of the victim. Your personal injury attorney drafts a settlement letter including a financial claim for all of the damages you have suffered such as:

  • Medical costs past, present and future
  • Lost wages, future and potential earnings
  • Rehabilitation costs
  • Other costs, such as home care, medical devices, etc
  • Psychological damage, pain and suffering

If the insurance company is unwilling to meet the victim’s needs, the attorney usually recommends suing the insurance company in court.

Going to trial

Generally, insurance companies are reluctant to take personal injury cases all the way to court since juries are extremely sympathetic to victims. Should your case go to trial, your attorney should be prepared to lay out your case before the court. Experts such as physicians, financial advisors, and accident reconstructionists may be asked to testify on your behalf. It is possible for your case to be settled at any point during the trial. On average, only five to ten out of a hundred cases go all the way to jury. Once your case is heard, the jury determines if your case merits an award and if so, how much.

An experienced Oklahoma personal injury attorney can explain this process in more depth.

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