- June 22, 2022
- Lingold Spencer
- Car Accident
At Ringer, Lingold & Spencer, we believe that Mississippi is a great place to live, work, and play. We provide faithful service to our clients and winning results when you choose us to represent your legal situation.
As a staple in the area and community, we take pride in providing quality, professional representation. We also understand that being in any type of accident can be a stressful and overwhelming experience. This is especially true in situations where the accident is caused by someone else’s negligence.
Those in this position often have questions, such as, “How often do car accidents go to court?” Some of our clients also ask, “How long will the trial last after a car accident?” Because these are common and important questions, we have answered them here.
Is Your Accident Case Going to Go to Trial?
Today, it isn’t uncommon for accident claims to become disputable and complicated. In some situations, it’s impossible to reach a fair settlement, and you can count on our legal team to never accept less than what you deserve. Don’t worry – in these situations, we are more than ready to defend your case in a courtroom.
When it comes to the question of what percentage of Mississippi car accident cases will go to trial, you’ll be happy to know the percentage is low. However, this is not something that can always be avoided.
It’s worth mentioning that no one involved in a car accident lawsuit (including the insurance company) wants to spend money or time preparing to go to trial or build a suitable defense. Because of this, we have successfully settled most of the car accident cases we represent. If a case isn’t settled, it will likely be resolved during the pre-trial mediation, which means you don’t have to worry about having a trial in front of a judge or jury.
While this is usually the case, there are situations where going to court is the only option you have. Below we explain why this may sometimes happen.
Who Is At Fault Is in Question
Sometimes, if the other driver involved in the accident maintains the stance that they are innocent or if they place blame on you, we may have to go to court to present the evidence we have collected. Since Mississippi is considered an “at-fault” state rather than a no-fault state, it is important to establish who is to blame for the accident.
In some cases, both parties may be found partially at fault. If your portion of the fault is more than 51%, then it’s impossible to recover compensation. Also, any percentage of fault you bear means any settlement offer will be reduced by that amount.
The Insurer Only Makes Low-Ball Settlement Offers
Another reason your car accident case may go to trial is if the at-fault driver’s insurance company doesn’t make a fair settlement offer. Most insurers will make low offers in hopes that the accident victim will accept. However, accepting the first or even second offer isn’t recommended. Our legal team will help you negotiate for a fair settlement and provide advice regarding when you should go to court rather than accepting the offer made.
Keep in mind that the above are just two examples of situations where going to court is usually necessary. There are many others, too, and we can consider your unique situation to ensure you get a fair settlement.
What Is the Expected Timeline for a Car Accident Court Hearing?
It’s not possible to provide a single answer for this, or even an estimate. The amount of time our case will last depends on the accident, injuries, damages, and other individual factors. Because every case is unique, different amounts of time are typically needed to settle the case.
Some of the more specific factors that will impact how long your case will take once it reaches court include:
- The strength of your case
- How severe are your injuries are
- How strong the opponent’s case is
- Fault assignment
- Number of defendants involved
- How willing each party is to reach a settlement.
There are some car accident court hearings that are only going to last for about a day. Others will last for weeks, or even up to a year or more before they even see the inside of a courtroom. Because of this, you have to consider – carefully – whether this is the right decision for you and your situation.
Trial Percentages for Car Accident Cases
No specific numbers let us know how many car accident cases will proceed to trial. However, several resources state that just five percent of these situations are likely to see the inside of a courtroom.
Even though this is a low number, it’s still a possibility you should be aware of.
Contact Our Legal Team for Help and Information
When it comes to car accident legal cases, we have years of experience in the field. If you are in a situation where you need legal help, contact our legal team at Ringer, Lingold & Spencer. We can review the facts of your case and give you more information about how long it will take to settle. Keep in mind that this is still just an estimate and that there are no “guarantees” in the legal industry. The first step is to get in touch with us by calling (601) 845-5050.