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Do I Need to Go to Court After an Auto Accident?

October 15, 2020Car Accidents

If you or somebody you care about has been injured in a car accident caused by the careless or negligent actions of another driver, then you are likely wondering how you can obtain compensation for your property damage and injury expenses. Most people involved in a car accident wonder about whether or not they will need to go to court for their case. The answer to that question is – not usually. Most car accident cases are resolved through settlements with insurance carriers. However, there are circumstances in which it may be necessary to take an auto accident case to court.

Dealing With the Insurance Carrier

The vast majority of car accident cases will be resolved through settlements with the insurance carriers. The insurance carriers will conduct their own investigation into the incident to determine liability. However, insurance carriers are typically “for-profit” entities that will do anything they can to limit the amount of money they pay out in a settlement. Unfortunately, this can lead to the insurance carrier offering an unreasonably low settlement amount or even denying a claim altogether.

Taking the Case to Court

If an insurance carrier does not offer a fair settlement amount or denies the claim, it may be necessary to file a personal injury lawsuit against the carrier and the at-fault party. At this point, if an injury victim has not already done so, they really need to speak to a skilled personal injury lawyer for help with their case. Personal injury lawsuits can become complicated, but an attorney will understand this process and help chart the best path forward.

Victims of car accidents in Arizona also need to know that the personal injury statute of limitations in this state is two years from the day the accident occurs. If a victim fails to file a lawsuit against the alleged negligent party within this two-year window, they will lose the ability to recover any compensation for their losses.

Even after a lawsuit is filed in an Arizona car accident claim, the matter will still likely be resolved before the case makes it to a full jury trial. When the lawsuit starts, and throughout the discovery phase, attorneys for both sides will continue to negotiate. If neither side reaches what they consider to be a fair compensation amount, the case will be scheduled for a jury trial. When this happens, all parties will be required to go to court to resolve the matter. If your case makes it this far, going to court will not be an option. You will be required to do so.

Work With an Attorney for Help With Your Case

If you or somebody you care about has been injured in a car accident caused by the actions of another driver, you need to speak with a skilled Phoenix car accident lawyer as soon as possible. An attorney is going to bring valuable resources to your case. They can investigate the incident, work to prove liability, and help secure maximum compensation for property damage and injury expenses. If you think that your case may need to go to trial, please contact an attorney for a free consultation of your case.

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