Do I Have To Go to Court After a Car Accident?

If you have been hurt in a crash, you may be wondering whether you’ll have to go to court to recover compensation. While most car accident claims settle without ever seeing the inside of a courtroom, every case is different. 

Kenny Habetz Injury Law is here to guide you through the process and fight for you, whether at the negotiating table or, if needed, in court. Schedule a free consultation with our car accident lawyer in Lafayette, Louisiana at (337) 399-9000 today to discuss your case and what you can expect. 

How Kenny Habetz Injury Law Can Help You Recover Compensation After a Car Accident in Lafayette, LA

How Kenny Habetz Injury Law Can Help You Recover Compensation After a Car Accident in Lafayette, LA

After a crash, you deserve an advocate who knows what it takes to win. At Kenny Habetz Injury Law, you’ll work directly with an experienced Lafayette car accident attorney who has built a strong reputation for fighting for injury victims. With over a decade of experience and millions recovered for clients, award-winning personal injury lawyer Kenny Habetz is ready to stand up for you.

Here’s how our law office can help after a car accident in Lafayette, LA:

  • Handle all communication with insurance companies
  • Investigate your accident and gather crucial evidence
  • Work with experts to support your claim
  • Negotiate aggressively to seek a full settlement
  • Take your case to court if the insurance company won’t offer a fair deal
  • Provide compassionate guidance every step of the way

Unlike some personal injury lawyers, our firm is not afraid to take your case to trial when necessary. Contact us today to schedule a free consultation and learn more about your legal rights and options. 

Do I Have To Go to Court After a Louisiana Car Accident?

Most car accident claims in Lafayette are settled out of court. In fact, it’s estimated that about 96% of personal injury cases are resolved through settlements. However, of the four percent of cases that go to trial, 60% involve car accidents. Court is usually seen as a last resort when the insurance company refuses to offer reasonable compensation.

There are drawbacks to taking a case to court. A trial can be time-consuming and expensive, and it introduces risk. However, it may be the only way to recover compensation that’s fair. 

When Is It More Likely To Go To Trial After a Car Crash?

While most car accident cases settle, there are certain situations where going to court becomes more likely. Here’s when you might expect your case to head to trial.

Liability Is Disputed

Insurance companies often deny claims when they believe they can argue that their driver wasn’t at fault. If there’s disagreement over liability, you think you are being unfairly blamed for your role in the accident, you may need to go to court to prove the other driver’s responsibility.

The stronger your evidence of the other party’s negligence and causation, the more likely you are to reach a settlement. 

A Settlement Agreement Can’t Be Reached

Sometimes the insurance company offers far less than what your case is worth, even after negotiations. If the settlement offer doesn’t cover your medical bills, lost wages, or future needs, filing a lawsuit may be the only way to seek fair compensation.

Some accidents involve complex facts, multiple parties, or unclear laws that make settlement difficult. Disputes over accident reconstruction, medical causation, or insurance coverage can turn a straightforward claim into one that needs a judge or jury to sort out.

The Case Involves Death, Catastrophic Injury, or Substantial Damages

When a car accident results in catastrophic injuries, wrongful death of a loved one, or significant financial losses, insurance companies tend to fight harder to minimize payouts. These high-stakes cases are more likely to go to trial because the potential value is so much greater.

The Insurance Company Is Acting in Bad Faith

Insurance companies have a legal duty to handle claims fairly and honestly. Unfortunately, some insurers engage in bad faith practices, like denying a valid claim without reason, delaying payment, or offering an unreasonably low settlement. If the insurance company refuses to negotiate in good faith, filing a lawsuit may be the only way to hold them accountable and seek the compensation you deserve. 

In some cases, you may even be able to pursue additional damages for the insurer’s misconduct through a bad faith claim

What Happens If My Car Accident Case Goes To Court?

If your car accident case goes to court, the process typically follows several key steps. First, both sides complete “discovery,” where they exchange evidence and gather information through depositions, document requests, and interrogatories. This phase helps both parties prepare for trial.

Next, there may be motions filed with the court, such as a motion to dismiss or a motion for summary judgment. These can resolve some issues before the trial even begins. If the case moves forward, a jury is selected, and both sides present their evidence, call witnesses, and make arguments.

At the end of the trial, the jury (or sometimes a judge) will decide who is at fault and how much compensation, if any, should be awarded. Even after a trial verdict, either side can appeal, which could extend the case.

Schedule a Free Consultation With Our Trusted Lafayette Car Accident Attorney

Were you recently injured in a crash? You don’t have to navigate the legal system alone. Kenny Habetz Injury Law is ready to stand by your side and fight for the compensation you deserve.

With over a decade of experience and millions recovered for injury victims, Kenny Habetz is ready to fight on your behalf. 

Call today to schedule your free consultation with a Lafayette car accident lawyer.