{"id":353071,"date":"2017-04-25T15:49:25","date_gmt":"2017-04-25T20:49:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/going-to-court-and-your-car-accident-settlement.html"},"modified":"2025-09-24T17:47:11","modified_gmt":"2025-09-24T22:47:11","slug":"going-to-court-and-your-car-accident-settlement","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/going-to-court-and-your-car-accident-settlement.html","title":{"rendered":"What Happens When You Take a Car Accident Claim to Court?"},"content":{"rendered":"\n
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What Happens When You Take a Car Accident Claim to Court?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Taking a car accident claim<\/span> to court involves filing a formal lawsuit when insurance settlements are inadequate or liability is disputed. This legal process<\/span> includes filing a complaint, conducting discovery to gather evidence<\/span>, and potentially going to a trial where a judge or jury determines fault and damages. While litigation is slower and more expensive than settlement negotiations, it may be necessary to recover fair compensation<\/span> for your injuries and losses.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Most car accident cases<\/span> settle with either the insurance company<\/span> or through settlement negotiations with a personal injury<\/span> adjuster. The legal process<\/span> is slow and expensive, and settlement negotiations often achieve the same result for a much lower cost.<\/p>\n

When there\u2019s a dispute over an important fact, such as who is at fault for the accident or whether the at-fault driver<\/span>\u2019s actions were the true cause of your injuries, things can get more difficult to resolve through negotiations. Sometimes, you need to take your case to trial.<\/p>\n

If you decide to file a personal injury<\/span> lawsuit<\/span>, having an attorney\u2019s assistance<\/a> to ensure you get the best settlement or trial award possible is a smart move. An expert in this type of law is a powerful advocate in your corner.<\/p>\n

In this article, we\u2019ll discuss the different stages where you might benefit from having an attorney\u2019s guidance, including taking your car accident claim<\/span> to court. If you\u2019ve been in an accident and think you might need to pursue legal action, speak with a local personal injury<\/span> attorney<\/span><\/a> who is experienced in car accident cases<\/span>.<\/p>\n

Before You Take Legal Action<\/h2>\n

After an accident, we\u2019ve been conditioned to think that suing someone is the only way to get relief. Before heading to court to pursue a car accident settlement<\/span>, there are other required steps to be taken. This includes filing an insurance claim<\/span><\/a> according to your insurer\u2019s requirements and your state laws.<\/p>\n

At this stage, most car accident victims<\/span> do not need an attorney to assist with their accident case. If you\u2019re uncertain or confused by the paperwork, having an attorney review your claim<\/a> and ensure you\u2019ve completed all the documents properly can save a lot of headaches down the road. Insurers deny many insurance claims<\/span> because of incomplete forms or inadequate documentation.<\/p>\n

An attorney can check that you have:<\/p>\n