What To Expect When A Car Accident Claim Goes To Court

Posted on: 5 April 2023

The overwhelming majority of all cases involving car accident claims settle outside of court. However, for some people, all parties involved cannot reach an amicable agreement — which often leads to a trial. For most, the judicial system represents unfamiliar territory, so they often have no idea what to expect. 

Personal Feelings

A trial is not exactly a place of bliss. As the victim of a car accident, you likely feel like you have already been victimized. While the court proceedings are not meant to replicate this feeling, it is easy to feel discouraged. The attorney representing the at-fault party is typically tasked with settling their client's claim for as little as possible, so while they might seem to be attempting to disprove your claims, it is not personal. 

Potential Delays

Depending on where you are in the process, you have probably discovered that the legal system does not move swiftly. There are several filings, motions, and other methods that must be completed before moving to the next step. For this reason, you can protect your sanity by expecting to exercise some patience. Depending on the extent of your injuries, from when it is announced your claim will go to trial to the final decision or settlement, it could easily be several months or years.


The decision will ultimately come to a discussion between your attorney and yourself, but it is possible that you will be cross-examined should you serve as a witness in your case. The attorney representing the other side has the legal right to ask you questions about any claims or statements you have made regarding the accident. To prepare, do your best to write down the events of the day as you remember them and speak with your healthcare provider to ensure you have a thorough understanding of your injuries.

Targeted Audience

It is also worth noting that a car accident trial will be targeted to a particular audience, at least to a certain degree. Depending on the decision of both parties and the court that your claim is filed in, you could have a trial and award decided by jury, judge, or both. For this reason, if it seems like the legal team is speaking to the jury or judge rather than arguing the case the way you feel they should, this is why.

Rest assured, an attorney will be with you every step of the way to ensure you understand what is going on and that your interests are protected.

Reach out to a car accident lawyer for more info.


what to do when hurt on commercial property

During a long road trip, we made an emergency stop at a motel that I wasn't completely comfortable with. Unfortunately, that was the only motel in the area, and we couldn't drive any further safely. While leaving the motel in the morning, the handrail on the steps broke, and my son and husband tumbled down the stairs and got hurt. They were taken by ambulance to a hospital where we spent the next four days. While there, I contacted a few personal injury lawyers to find out what I should do. Find out what you should do in a situation such as this.

Latest Posts