After a crash, most people hope their case will settle quickly so they can move on. In many situations, that does happen. Insurance companies may agree to pay a fair amount once they know all the facts, but that isn’t always the case.
If a settlement isn't fair or isn't possible, a Virginia Beach car accident lawyer may get your case ready for trial. Knowing why this happens can make you feel more sure about the process and what will happen next.
Can a Settlement be Reached in Every Case?
Insurance companies are businesses. Their goal is to pay as little as possible, even when someone has been badly hurt. Sometimes they make a reasonable offer early on. Sometimes they say the claim isn't valid or offer far less compensation than what the case is actually worth.
When that happens, going to trial becomes part of the strategy of protecting your right to compensation. If an insurance company refuses to take responsibility or undervalues your losses, a lawsuit may be the only way to push the case forward.
In some cases, the disagreement is not just about money. It may also be about who caused the accident. If the other side denies fault, the case may need to go before a judge or jury to sort out the facts.
What Changes Once a Lawsuit Is Filed?
Filing a lawsuit doesn’t mean your case will definitely go to trial. In fact, it is not uncommon for cases to settle after a lawsuit begins.
Once litigation starts, both sides begin a more formal process called discovery. This is where evidence is exchanged and reviewed. Witnesses may be questioned under oath. Experts may be brought in to explain how the accident happened or how serious the injuries are.
This stage often makes the strengths and weaknesses of each side clearer. Sometimes that leads to a settlement. Other times, it shows that the sides are too far apart to resolve without a trial.
Why Do Some Car Accident Cases Go to Trial?
There are several situations where settlement becomes difficult, and trial becomes more likely:
- The insurance company denies fault completely
- The injuries are severe, and the value of the case is high
- There is a dispute over how the accident happened
- Medical treatment is ongoing, or future care is unclear
- The insurance company questions the seriousness of the injuries
- The parties cannot agree on how much the case is worth
These issues can make it hard to find common ground. When that happens, a trial may be the only way to reach a final decision.
What Makes a Lawyer Decide to Go to Trial?
Going to trial isn’t just some random decision. It’s part of a larger strategy. A lawyer will look at many factors before recommending this path.
For example, they may consider how strong the evidence is, how reliable the witnesses are, and how a jury might respond to the facts. They also look at the risks. Trials take time, and the outcome is never certain.
Getting ready for trial from the outset can sometimes help you get a better settlement. If the other side sees that the case is strong and ready to go to court, they might decide to settle rather than risk losing before a jury.
How Do Trials Work in Virginia?
When a case goes to trial in Virginia, both sides present their evidence, question witnesses, and make their case to a judge or jury. The judge or jury will decide what happened and, if the plaintiff proves the case, what damages should be awarded. This could include money for medical bills, lost wages, pain, and other losses.
Depending on how complicated the case is, trials can last for days or even weeks. That might sound stressful, but your legal team does all the hard work. Your role is to tell the truth and explain how the accident has affected your life.
Why Are Serious Injury Cases More Likely to Go to Trial?
Cases with serious injuries are more likely to go to trial because there is more on the line. The case is worth a lot more when someone has injuries that will last a long time or forever. Insurance companies may push back harder in these situations.
They may argue that the injuries are not as severe as claimed or that they were caused by something else. They may also challenge the need for future medical care.
When large amounts of money are involved, both sides tend to take a firmer position. That can make settlement more difficult and increase the chances of going to trial.
How Much Time Do I Have to File?
Timing can also play a role. Early in a case, there may not be enough information to settle fairly. Medical treatment may still be ongoing, and the full impact of the injuries may not be known.
As time goes on, more evidence becomes available. This can either bring the parties closer together or push them further apart.
In Virginia, a car accident injury lawsuit generally must be brought no later than two years from the date the claim accrued, which is typically the day of the accident. Waiting too long can affect your ability to recover compensation.
Talk to a Virginia Beach Car Accident Lawyer
Keep in mind that going to trial is not a failure. It's just one thing that could happen in the process. Sometimes, it's the only way to get a fair outcome. A Virginia Beach car accident lawyer can help you understand your options and make smart choices at every step of the way. The goal is always to get the best result possible based on the facts of your case.
If you are dealing with a car accident claim that is not being taken seriously, the right legal team can build your case, deal with the insurance company, and take your claim to trial if needed.
The Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp have more than a century of combined experience helping Virginia car accident victims. If someone else’s negligence caused your injuries, we can help you understand your rights, gather evidence, show who was at fault, and work toward a fair settlement. We have a proven track record of achieving successful resolutions to car accident cases, including a recent $1 million settlement for a victim who was severely injured when another driver failed to yield the right-of-way.
To schedule a free consultation, call (833) 997-1774 or fill out our online contact form. Our offices are located in Virginia Beach, Portsmouth, Hampton, and Norfolk.
