When people think of an experienced car accident lawyer, they most often think of someone who is in and out of court every other day, arguing cases before a judge and jury. But the reality is, most car accident lawyers only see 1 or two juries per year. This is because the personal injury system is actually set up to avoid jury trials.
Before a case is even filed in court, there may be months and months of negotiations between the parties to resolve the matter. Then, once a case is filed, there are mandatory settlement conferences and mediations to attend in which a settlement can be made.
The bottom line is that the court system is not set up to handle a ton of trials. Ask any lawyer who handles criminal cases (an area of law where trials occur more frequently) and they will tell you that it can sometimes take months just to get in front of a jury. So, the push from the very beginning is to settle cases before trial.
Here are some other reasons why most car accident cases are settled out of court:
One Side Has a Clear Advantage
When a drunk driver blows through a stop sign and t-bones another car, and the person in the other car suffers serious and debilitating injuries; or when a young person is speeding in a new sports car, loses control of that car, crashes, and kills a passenger that had gone along for the ride, the liable insurance companies understand that these are not the types of cases they want a jury to decide.
These are the types of cases that they want to settle before court in order to avoid the emotion that is associated with these types of cases and that can influence the jury to severely penalize their client. When one side has a clear advantage over the other, a settlement is likely to happen. This is because agreeing to a known settlement is much safer than risking a high jury verdict.
Neither Side Has a Clear Advantage
Believe it or not, when neither side has a clear advantage, it is actually not so different than when one side has a clear advantage. This is because, when the case is presented to a jury, it may still decide that someone was right and that someone was wrong and make a decision accordingly.
In other words, when neither side has a clear advantage, there is a chance that either party can lose big time. In this scenario, it is our natural tendency as human beings to avoid the unknown risk of loss (the jury’s verdict) and to take the known loss (the settlement). This translates into fewer jury trial for car accident cases.
Juries Can’t Be Trusted
This is not to say that juries are unscrupulous, but that they are wildly unpredictable and irrational and can’t always be trusted when it comes to important matters. When you have a lot to lose, you must ask yourself if you want 6 or 12 people that don’t know you deciding your fate. Most people don’t.
Most Car Accident Attorneys Are Afraid to Take a Case to Trial
There are probably more attorneys who have never tried a case in front of a jury than those that have. What’s more, lawyers watch the same television shows that everyone else watches, so they know that people expect them to do the impossible when in court. And this frightens them.
What’s more, lawyers are often afraid of losing, of looking foolish, of the amount work they will have to do, or just fearful in general. Keep in mind, attorneys are risk averse and are taught from day one in law school to examine the facts, anticipate every single thing that could go wrong, and to litigate only when necessary.
At the end of the day, if your car accident case needs to go to trial, it will. Just make sure that you have the right car accident attorney working by your side––a car accident attorney who is not afraid to fight aggressively on your behalf in court to get you the compensation you deserve. It can make all of the difference to the success of your car accident case.
Contact a Fearless and Aggressive Car Accident Attorney
If you have been injured in a car accident, time is of the essence. The insurance companies are already mobilizing to prevent you from recovering all of the money you deserve.
Call us now to schedule a free, no-obligation consultation where we can answer all of your questions and explain how we can assist you in maximizing your recovery.