No, the vast majority of car accident cases do not go to court. When you're recovering from an injury, the thought of a public, drawn-out courtroom battle is an added stress you simply don't need. The reality is that the legal system is designed to resolve most of these disputes long before a trial becomes necessary.
Statistically, somewhere between 95 to 96 percent of all personal injury claims, including those from vehicle collisions, are resolved through a settlement agreement. This happens for a simple reason:
- A settlement is typically faster, less expensive, and offers a predictable outcome for both the injured person and the insurance company.
- A trial, on the other hand, introduces risk and uncertainty for everyone involved.
The idea of facing a judge and jury is intimidating, especially when your focus should be on healing. The good news is that the process is structured to encourage resolution without that final, dramatic step. However, securing a fair settlement—one that truly accounts for everything you've lost—requires careful preparation and a clear understanding of the road ahead.If you have questions about your car accident and the path forward, call AP Law Group for a straightforward conversation. Our number is (713) 913-4627.
Why a Courtroom Is the Exception, Not the Rule in Car Accident Claims
Several realities of the legal process push cases toward a negotiated agreement rather than a trial:
- Trials are unpredictable. No matter how strong a case may seem, a jury's decision is never guaranteed. Data shows that plaintiffs in auto accident cases (i.e., the insurance company) that go to trial have about a 61% success rate. While that is a majority, it is far from a certainty, and losing means walking away with nothing.
- Trials are slow. The legal system moves deliberately. While some simple claims might resolve in a few months, cases that proceed to litigation take a year or much longer to finalize. This means bills from medical treatments and daily life continue to pile up while you wait for a resolution.
- Trials are expensive. Litigation involves numerous costs, including court filing fees, expert witness fees, and deposition costs. These expenses mount quickly, reducing the net amount you ultimately receive.
- Trials are public. When a case goes to trial, your medical records, work history, and other personal details become part of the public record. Many people prefer to keep these sensitive matters private, which a settlement allows.
The Settlement Process: A More Controlled Path
The solution to this uncertainty is the settlement. A settlement is a formal, private agreement between you and the other party (usually their insurance company) to resolve the case for a specified amount of money without a judge or jury making the final decision. This path offers clear benefits.
- Control: You and your car accident attorney have the final say. You decide whether to accept or reject an offer, putting you in control of the outcome, not a group of strangers on a jury.
- Certainty: With a settlement, you know exactly how much money you will receive and when you will receive it. This eliminates the all-or-nothing risk of a trial verdict.
- Efficiency: Settlements are almost always reached much faster than a trial verdict is delivered. This allows you to pay your bills and focus on moving forward with your life sooner.
- Privacy: The terms of your settlement agreement remain confidential, protecting your personal information.
Even insurance companies are motivated to settle. They are businesses that must manage financial risk. A trial is just as costly and unpredictable for them as it is for you. A settlement provides a predictable, manageable cost, allowing them to close the file and move on.
What Does the Path to a Settlement Actually Look Like?
Step 1: The Investigation and Evidence Gathering Phase
This is where the groundwork for a strong claim is laid. Immediately after you decide to pursue a claim, our firm begins a thorough investigation. We collect all the essential documents needed to establish what happened and who was at fault. This includes the official police report, your complete medical records, documentation of any lost wages, and vehicle repair estimates.
We also work to secure technological evidence. This may include:
- Dashcam and Surveillance Footage: Video from your vehicle, the other driver's vehicle, or nearby businesses provides an unbiased account of the collision.
- Telematics Data: Many modern cars are equipped with an "event data recorder" or "black box" that records data like speed, braking, and impact forces. This information is invaluable in reconstructing the accident.
- Cell Phone Records: If distracted driving is suspected, obtaining cell phone records (through legal channels) helps establish whether the other driver was texting or talking at the time of the crash.
Step 2: Calculating the Full Value of Your Damages
A common mistake is to only add up the bills you have today. A proper valuation of your claim includes projecting future costs and accounting for the human impact of the collision. We calculate damages in two main categories:
- Economic Damages: These are the tangible, calculable financial losses you have suffered. They include not just current medical bills and lost paychecks, but also future medical treatments, rehabilitation costs, and any long-term reduction in your earning capacity.
- Non-Economic Damages: This category addresses the profound, personal cost of the accident. It includes compensation for physical pain and suffering, emotional distress, and conditions like PTSD.
Step 3: Drafting and Sending the Demand Letter
Once we have gathered the evidence and calculated the full value of your damages, we compile it all into a formal demand letter. This professional document is sent to the at-fault party's insurance company. It clearly outlines the facts of the case, explains why their insured is legally responsible under Texas negligence law, and provides detailed support for the damages you have incurred. The letter concludes with a specific monetary demand to settle the claim.
Step 4: The Negotiation Process
The insurance company's adjuster will review the demand letter and respond, almost always with a counteroffer that is significantly lower than what we demanded. This is a standard part of the process and is where skillful negotiation begins.
Our role is to present compelling legal and factual arguments, systematically dismantling any attempts they make to blame you for the accident (a concept known as comparative negligence) and keeping the pressure on them to increase their offer to a fair amount.
Step 5: Reaching a Resolution through Agreement or Mediation
Most cases are resolved during this back-and-forth negotiation. If discussions stall, however, it doesn't automatically mean a trial is imminent. The next step is a form of Alternative Dispute Resolution (ADR), most commonly mediation.
In mediation, a neutral, third-party mediator facilitates a structured negotiation session with both sides.
What Pushes a Car Accident Case to Trial?
This happens only when the two sides are so far apart on key issues that a negotiated agreement becomes impossible.
Reason 1: A Serious Dispute Over Fault
The most fundamental disagreement you can have is over who caused the accident. If the insurance company refuses to accept that their driver was at fault, there is no basis for a settlement negotiation. This frequently occurs in situations with conflicting stories and a lack of clear evidence.
For example, in an intersection accident where both drivers claim they had a green light and there are no independent witnesses or cameras, the insurer may deny liability. They will base their position on their driver's statement and the applicable traffic laws found in the Texas Transportation Code. In such a stalemate, a jury may be the only way to determine who was responsible.
Reason 2: A Disagreement on the Value of the Claim
This is the most frequent reason a case moves toward litigation. It's not that the insurance company denies fault, but that their offer is simply too low to fairly compensate you for your losses. This gap in valuation typically happens in cases involving:
- Catastrophic injuries: When injuries like spinal cord damage or severe burns require a lifetime of medical care, the future costs are enormous and are a point of major disagreement.
- Permanent disability: If an injury prevents you from returning to your career, calculating the value of your diminished earning capacity over a lifetime is a difficult task that insurers may dispute.
- Complex medical issues: With injuries like a traumatic brain injury, the full extent of the damage may not be apparent for months or even years. An insurer might offer a settlement based on the immediate symptoms, while we argue for a value that accounts for the potential long-term cognitive and emotional effects.
Reason 3: The Insurance Company Is Acting in Bad Faith
In rare instances, an insurance company may simply refuse to negotiate fairly. This involves denying a valid claim without a reasonable explanation, using tactics to unreasonably delay the process, or refusing to make any offer at all. When an insurer acts in bad faith, filing a lawsuit becomes a necessary tool to compel them to meet their legal obligations.
What Filing a Lawsuit Actually Means
Filing a car accident lawsuit does not mean you are automatically going to trial. It is a formal step that moves your case from the informal negotiation phase into the litigation phase.
The vast majority of cases that are filed as lawsuits still settle before the trial date. Filing the suit simply gives your attorney access to more powerful tools for building your case, such as the ability to take depositions (sworn testimony from the other driver and witnesses) and issue subpoenas for evidence. This added pressure and the new information uncovered during litigation typically bring the insurance company back to the negotiating table with a much more reasonable offer.
How AP Law Group Prepares Your Case for a Favorable Settlement
Our entire approach is built on a simple philosophy: prepare every case from day one as if it is going to trial.
This may sound counterintuitive, but it is this rigorous preparation that makes a fair settlement far more likely. When an insurance company sees that we have meticulously collected all the evidence, retained the necessary experts, and built a case ready to be presented to a jury, their position changes. They are far more motivated to negotiate in good faith.
This strategy puts you in the strongest possible negotiating position. It takes away the insurance company's primary leverage—the hope that you will accept a lowball offer out of fear or frustration. They know we are not afraid to reject an unfair offer and take the next step. By handling the legal process and demonstrating our readiness for court, we create the conditions that lead to a successful settlement, allowing you to focus on your recovery.
Frequently Asked Questions About Car Accident Cases
If I file a lawsuit, does that mean I have to testify in court?
Not necessarily. As mentioned earlier, filing a lawsuit is the start of the litigation process, but most cases settle before a trial begins. You may be required to give a deposition, which is sworn testimony taken in a conference room setting, not a courtroom. Testifying before a judge and jury is rare because so few cases even reach that final stage.
How long do I have to file a car accident claim in Texas?
In Texas, the statute of limitations for most negligence claims, which covers the majority of car accidents, is two years from the date of the incident. This deadline is outlined in Section 16.003 of the Texas Civil Practice and Remedies Code. You must begin the process well before this deadline expires.
What is my case worth?
Every case is unique, so there is no simple answer to this question.
The value depends on many factors, including the severity of your injuries, the total of your medical bills and lost wages, the long-term prognosis for your recovery, and the impact the accident has had on your quality of life.
Will I have to pay anything upfront for my case?
No. At AP Law Group, we handle car accident cases on a contingency fee basis. This means our fee is a percentage of the financial recovery we obtain for you. We only get paid if we successfully recover money for you through a settlement or a trial verdict. There are no upfront costs for our services.
Why not just take the insurance company's first offer?
As alluded to earlier, the first offer made by an insurance company is almost always lower than the true value of your claim. It is a starting point for negotiations, designed to resolve the case as quickly and inexpensively as possible for the insurer. Accepting it without a full evaluation of your damages, especially your future needs, is a costly mistake.
Secure Your Future with AP Law Group
While the statistics overwhelmingly show that your case will likely be resolved through a settlement, the fairness of that settlement is not guaranteed.
We help people across the Houston area hold insurance companies accountable and secure the resources they need to rebuild their lives. You don't need to have all the answers or know the legal process to make that first call. We are here to listen and help you understand your options.
Call us today for a no-cost, no-obligation consultation at (713) 913-4627.