Do I Have to Go to Court for a Car Accident in Alabama?

by Aaron Gartlan

July 5, 2024 | Auto Accidents

Going to court is stressful and scary, but you likely won’t have to after an Alabama car accident. Most successful car accident cases settle before court because insurance companies want to avoid the expense and risk of a trial. However, victims with complex cases or conflicting evidence might need to go to trial to assert their rights. The best way to avoid a lengthy, pricey, and risky trial is to work with an experienced Alabama car accident lawyer.

Are There Benefits to Going to Court for an Alabama Car Accident?

Taking a car accident claim to court can offer certain benefits. For instance, going to court could be the best way to get the insurance company to pay you the fair value of your case. Insurance companies often try to settle for less than claimants deserve. By going to court, you can show the crash’s full impact on your life.

A court case also holds the responsible party accountable for their negligent actions. It sends a message that dangerous or careless driving has consequences. Additionally, a court judgment can offer a sense of justice and closure for car accident victims.

While court cases take time, the potential rewards sometimes make them worthwhile. Having an Alabama car accident attorney by your side can help you better understand the process and maximize your compensation.

will-i-have-to-go-to-court-for-my-personal-injury-and-accident-case

What Are Some Disadvantages to Going to Court for an Alabama Car Accident?

While going to court is sometimes the best way for a car accident victim to assert their rights, there are some potential disadvantages:

  • Time. Court cases can take a long time. The process can take months or even years to resolve. This can be stressful and draining for both sides.
  • Expense. Another drawback is the cost. Legal fees and court costs can add up quickly. If you lose the case, you might also have to pay the other side’s legal expenses.
  • Risk. Court cases are unpredictable. Even if you have a strong case, there’s no guarantee you’ll win. A judge or jury might not see things your way, which can result in an unfavorable outcome.
  • Stress. The process can also be emotionally challenging. Reliving the accident and dealing with cross-examinations can be tough. It can take time away from work and family, too, adding more strain to your life.
  • Publicity. Going to court makes the details of your case public. This means anyone can access information about your collision and injuries, which might be uncomfortable.

A skilled Alabama car accident lawyer can help avoid these challenges by trying to negotiate a fair settlement for you before you have to take it to court.

What Factors May Determine If a Case Goes to Court?

One key factor in whether a car accident case goes to court is how seriously hurt the injured party is. Severe injuries are expensive to treat, but insurance companies prefer not to make big payouts. A court case might be the only way to pursue the full value of an injured party’s claim.

Liability disputes can also push a case to court. If the parties involved can’t agree on who caused the crash, a judge or jury might need to decide. A court case can help sort out the truth if there are conflicting reports or unclear evidence. Cases with multiple parties, complicated legal issues, or significant financial stakes often end up in court.

Personal preferences and stress tolerance can influence the decision, as well. Some people prefer to settle quickly, while others are willing to endure the court process for a potentially better outcome.

Do Most Car Accident Lawsuits Settle Before Going to Trial?

Most successful car accident lawsuits in Alabama settle before a trial becomes necessary. Even if the case goes to court, the parties may keep working on a potential settlement as litigation proceeds. As long as they agree before the judge or jury gives a verdict, both sides can bring the trial to an early end at any time. In many cases, the threat of a potentially costly verdict is enough to bring both sides back to the negotiating table to work out an agreement.

Does Alabama Limit the Time to File a Car Accident Lawsuit?

You typically have two years from the crash date to file a car accident lawsuit. Missing this deadline means the courts will most likely dismiss your case. It’s crucial to contact an attorney immediately after a collision so they can get to work on your case as quickly as possible. Otherwise, you might not recover total compensation for your medical bills, lost income, and other losses.

How Can an Alabama Car Accident Lawyer Help Me?

Hiring an Alabama car accident lawyer makes your life easier after a collision. They can handle all the legal paperwork and deadlines, so you don’t have to worry about missing important steps. Next, your attorney will gather evidence to build your case, such as police reports, witness statements, and medical records. This will help them as they negotiate with insurance companies on your behalf. They can aggressively pursue the full amount you deserve more effectively than you could yourself because they can back up their position with the credible threat of a lawsuit.

Additionally, an attorney offers valuable advice and answers your questions throughout the legal process. They will help you understand your rights and what to expect, reducing your stress. With a lawyer by your side, you can focus on recovering from your injuries while they work towards the best possible outcome for your case.

Contact an Alabama Car Accident Lawyer

While most Alabama car accident cases don’t end up in court, hiring a skilled trial lawyer can improve your negotiating position and prepare for every contingency. The Alabama car accident lawyers at Gartlan Injury Law have handled many civil trials and recovered significant compensation for our clients. Call us today or complete our contact form for a free consultation to learn more.

Visit Our Alabama Car Accident Law Offices

single-attorney-home

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.

  • NAMIL
  • American Association for Justice
  • BBB New
  • TTLA
  • MVTLA
  • Million Dollar Advocates Forum
  • Multi-Million Dollar Advocates Forum
  • Avvo Rating
  • Avvo Client’s Choice 2018
  • Avvo Top Contributor 2017