Is It Worth Taking a Car Accident Case to Court?

A car accident significantly impacts the physical, emotional, and financial well-being of everyone involved. While most car accident cases are settled through insurance negotiations, some car accident cases end up in court. Why? Because of disputes between car accident victims and their insurance companies. Many car accident victims wonder: "Is it worth taking a car accident case to court?"

For those in Des Moines, understanding when it makes sense to go to court and when it's best to just settle can make a big difference in the outcome of your claim.

Tom Fowler Law often takes car accident claims and personal injury cases in Des Moines, and the team is ready to work for you, too. Reach out to see if a car accident lawsuit might be right for you. They're able to help explain questions such as Is it worth suing the other driver for property damage?

Why Most Car Accident Claims Settle

In Iowa, as in most states, the majority of car accident cases settle before they ever reach a courtroom. The insurance company representing the at fault party generally wants to resolve the claim quickly so they don't have to worry about the expense and time of the car accident trial process. Victims often choose settlements because they offer a quick end to the case.

Settlements for a car crash work well when:

• It is clear who is at fault

• The insurance company offers a fair amount in the settlement

• The victim doesn't want to deal with the court process or legal system

• The evidence supports a fair resolution

However, there may also be cases where the insurance company will deny a claim, undervalue damages, or dispute who is at fault. In this case, a court case might be the only resolution.

When the Car Accident Trial Process Makes Sense for Car Accident Victims

1. The Insurance Company Refuses to Negotiate Fairly

One of the most common reasons a victim of a car accident ends up in court is because the insurer won't pay a fair settlement. Insurance companies often minimize payouts during the settlement process, which means victims can struggle to cover their medical bills or repair costs.

Victims have the right to seek compensation. If negotiations stall or if if the insurance adjuster refuses to acknowledge damages, a lawsuit can be the only way to get a successful outcome.

2. Disputes Over Fault or Liability in a Car Accident Lawsuit

Iowa follows a modified comparative fault system. This means that an injured person can recover damages if they are less than 51% at fault. How much compensation they get will be reduced by the amount of fault assigned.

For instance, if a driver is found 20% at fault, and the damages were $100,000, they would get $80,000.

Victims should get fair compensation, and when fault is disputed, the case may need to go to court.

3. Serious Injuries or Long-Term Damages from the Car Crash

if a car accident results in severe injuries, permanent disability, or death, it's crucial to ensure the full extent of damages is recognized. Insurance companies often underestimate how much future medical costs, lost income, and compensation for pain and suffering will be. taking the case to court allows a jury to hear the testimony and award damages that reflect the true impact of the accident.

4. Property Damage Is Substantial

Even cases that don't have major injuries, if property damage is significant, it could be worth it to go to court. Insurance companies are known for "low-balling" property damage, but if your car is totaled, a few thousand dollars isn't going to be enough. In this case, going to court can help you recover fair compensation.

The Pros of Taking a Case to Court

The best auto accident lawyer in Des Moines may have insight into these matters. Here are some of the benefit of taking a case to court:

Potential for Higher Compensation

The award you get in court can be higher than a settlement offer, especially if jury verdicts place 100% fault on the other driver.

Public Accountability

Filing a lawsuit can also hold negligent drivers and corporations accountable. This is very important in cases that include drunk driving, reckless behavior, or negligence with commercial vehicles.

A Sense of Justice

For some victims, taking a case to court is more about money -- it's about standing up for their rights and ensuring the other party has to pay for what they did.

The Cons of Going to Court

While there are strong reasons to take a case to court, there are also challenges to consider.

Time and Cost

It's not uncommon for court cases like this to take months, if not years, to resolve, especially in complex cases. Legal fees and court costs can add up, though many law firms work on a contingency fee basis, which means you don't pay if the firm wins. In the meantime though, lost wages and other costs can really take its toll.

Emotional Stress

There is also a lot of emotional distress involved in a court case. Involved parties will need to relive all of the details of the accident, think about their time at the accident scene, attend courtroom hearings, and sit through closing arguments while waiting for a verdict.

Uncertain Outcomes

Juries are unpredictable. Even with strong evidence, there’s always a risk that the verdict will not fully reflect the damages sought, or it might be even lower than the original settlement amount.

How Tom Fowler Law Helps Clients Decide

Choosing whether to settle or go to court isn’t a one-size-fits-all decision. The legal team at Tom Fowler Law provides personalized guidance based on the facts of each case. They can assist with questions like Is it worth accepting the first settlement offer? Their attorneys carefully evaluate:

• The strength of the evidence

• The insurance company’s offer

• The total economic and non-economic damages

• The likelihood of success in court

With extensive experience handling car accident cases in Des Moines, the firm understands local laws, court systems, and insurance company tactics. Their goal is always to maximize recovery while minimizing stress for the client.

Reach out to Tom Fowler Law, today, for a free consultation and to discuss if a settlement or court might be the best option for your case.