The simple, statistical answer is that it’s highly unlikely your car accident claim will go to a full trial. The vast majority—somewhere between 95 and 96 percent of all personal injury cases—are resolved before ever reaching a courtroom verdict. They end in what’s known as a settlement —typically negotiated by your car accident lawyer after evidence and damages are documented.
But that statistic, while reassuring, doesn’t tell the whole story. The more important question isn’t if your case will settle, but how and for how much.
The Overwhelming Preference for Settlement
Think of a potential trial as a last resort. For nearly everyone involved—that means you, your legal representative, the at-fault driver, and their insurance company—settling out of court is the preferred outcome. But why? The reasons boil down to three key factors: certainty, cost, and control.
1. For You: Certainty and Peace of Mind
After the trauma and chaos of an accident, a settlement can provide the stability and closure you need to begin healing in several important ways, especially if your priority is to get paid after a car crash without risking a jury trial.
- A Guaranteed Outcome: A settlement is a sure thing. You and your legal team negotiate a specific dollar amount, and once you agree, that money is guaranteed. A trial, on the other hand, is a gamble. No matter how strong your case seems, a jury is unpredictable. A settlement removes that risk and provides you with a concrete result you can plan your future around.
- Saving Time and Emotional Energy: The legal process can be slow, but a trial is a marathon. It can take months, or even years, to get a trial date on a court’s busy calendar. The trial itself can be an emotionally draining experience, forcing you to relive the details of your accident and have your injuries scrutinized in a public forum. A settlement allows you to close this chapter of your life sooner and focus entirely on your physical and emotional recovery.
- Privacy: A settlement is a private agreement. A trial is a public record. Many people prefer to keep the details of their injuries, their medical history, and their finances private, and a settlement allows for that discretion.
2. For the Insurance Company: Managing Risk and Expense
It may be hard to believe, but the insurance company also wants to avoid court, even if its actions suggest otherwise.
- Avoiding the "Runaway Jury": Their biggest fear is a jury that becomes emotionally invested in your story. A sympathetic jury might award a verdict that is far larger than what the insurance company ever would have offered in a settlement. This is a massive, uncontrollable risk for them.
- The High Cost of Litigation: Taking a case to trial is incredibly expensive for insurance companies. They have to pay their own lawyers for hundreds of hours of work, cover court filing fees, and hire their own expert witnesses to testify. These costs can quickly spiral. It is often more cost-effective for them to pay a fair settlement than to pay for a full-blown trial, even if they win.
- Protecting Their Reputation: Insurance companies spend millions on advertising to build a public image of a caring, reliable protector. A public trial that exposes their tactics of delaying, denying, or lowballing a legitimate claim can do serious damage to that reputation.
Because both sides have powerful incentives to avoid a trial, the vast majority of the work on your case will happen during the negotiation and settlement phases.
The Path to Settlement: The Pre-Litigation Journey
Before anyone even mentions the word “lawsuit,” a series of crucial steps takes place. This is the pre-litigation phase, where the foundation of your entire claim is built. A strong foundation here often leads to a fair settlement without needing to go any further.
Step 1: The Investigation
Immediately after your accident, the clock starts on gathering evidence for your car accident case. This is the workhorse phase where the story of your accident is pieced together, fact by fact. It involves:
- Securing the official police report.
- Photographing the accident scene, vehicle damage, and your injuries.
- Identifying and interviewing any witnesses.
- Obtaining traffic camera or surveillance footage if available.
- Preserving the physical evidence, like your damaged vehicle.
A thorough investigation is non-negotiable. It provides the undeniable proof needed to establish who was at fault and what happened.
Step 2: Focusing on Your Health
Your first and most important job after an accident is to take care of yourself. If you’re wondering what to do after a car crash, start with your health: seek prompt medical attention and diligently follow your doctor’s treatment plan—critical for both recovery and your claim.
Your medical records become the primary evidence of your injuries. They create a clear, documented timeline that connects the accident directly to the harm you’ve suffered. Gaps in treatment or a failure to follow medical advice can be used by an insurance company to argue that you weren’t as injured as you claim.
Step 3: Calculating Your Damages
Once you have reached what is called “Maximum Medical Improvement” (MMI)—the point where your doctor feels you are either fully recovered or your condition has stabilized—it’s possible to get a full picture of your damages. This isn’t just about medical bills. A comprehensive calculation includes:
Economic Damages: These are the tangible, verifiable financial losses.
- All past, current, and future medical expenses.
- Lost wages from time missed at work.
- Loss of future earning capacity if your injuries prevent you from returning to your old job.
- Property damage to your vehicle.
Non-Economic Damages: These are the intangible but very real human costs of the accident.
- Pain and suffering.
- Emotional distress and mental anguish.
- Loss of enjoyment of life.
- Permanent scarring or disfigurement.
Step 4: The Demand Letter and Negotiation
With the investigation complete and your damages calculated, a formal demand letter is sent to the at-fault party’s insurance company. This comprehensive document lays out the facts of the case, details your injuries and treatment, provides the supporting evidence, and makes a specific monetary demand for settlement.
This is where the negotiation truly begins. The insurance adjuster will review the package and almost certainly respond with a counteroffer that is significantly lower than your demand. This is standard practice. Their job is to save their company as much money as possible. What follows is a period of back-and-forth negotiation, where your representative argues your case, counters their low offers, and methodically pushes for a number that is fair and just.
For the 95% of cases that settle, this is where they reach their conclusion. A skilled negotiator can often bridge the gap between your needs and the insurance company’s initial offer, resulting in an agreement that everyone can accept.
When the Path Bends: Why a Lawsuit Becomes Necessary
So, what about that other 5%? What happens when negotiations break down and a fair settlement seems impossible? This is when filing a lawsuit becomes the next logical and necessary step. It’s important to understand that filing a lawsuit does not mean you are automatically going to trial. It is a strategic tool used to show the insurance company you are serious and to unlock more powerful methods of proving your case.
Here are the most common reasons why a claim moves from negotiation to litigation:
- The Unreasonable Lowball Offer: This is the number one reason. The insurance company simply refuses to offer an amount that comes close to covering your damages. They may be betting that you are desperate for any amount of money or that you don't have the will to fight. Filing a lawsuit is a powerful way to call their bluff.
- A Dispute Over Fault (Liability): The insurance company might try to blame you for the accident, either partially or entirely. In Texas, this is particularly important because of the "proportionate responsibility" rule. If you are found to be 51% or more at fault, you cannot recover any damages. By filing a lawsuit, you can use the legal process to formally prove the other driver was at fault.
- Disagreement on the Seriousness of Injuries: Sometimes, an adjuster will downplay the severity of your injuries. They might argue that a certain medical treatment wasn't necessary or that your pain isn't as bad as you say. A lawsuit allows your doctors to provide formal, sworn testimony about the extent of your injuries and the need for your care.
- Complex Cases: In some accidents, especially those involving commercial trucks, multiple parties could be at fault. The driver, the trucking company, the vehicle manufacturer, or even the company that loaded the cargo could share responsibility. A lawsuit is necessary to formally bring all potential parties into the claim and sort out who is liable.
- To Gain More Information: Before a lawsuit is filed, your ability to gather evidence from the other side is limited. After a lawsuit is filed, you gain access to a powerful process called "discovery." This legally compels the other side to hand over documents and answer questions under oath, which can often uncover crucial information that strengthens your case.
What “Filing a Lawsuit” Really Means: Litigation Before Trial
Filing the initial lawsuit (a document called a petition or complaint) is like kicking off the next phase of the game. It doesn't mean you're heading to a courtroom next week. Instead, it triggers the "discovery" phase, which is the formal, court-supervised process of information exchange.
Discovery can include:
- Interrogatories: Written questions that the other party must answer in writing, under oath.
- Requests for Production: Formal requests for documents, such as the truck driver’s logs, maintenance records, the driver's cell phone records, or internal insurance company memos.
- Depositions: This is perhaps the most critical part of discovery. It’s an out-of-court session where lawyers get to ask questions of witnesses—including you, the other driver, and experts—face-to-face. The witness is under oath, and a court reporter transcribes everything that is said.
This process can take several months. It is designed to make sure both sides have all the relevant facts before a trial. Often, the evidence uncovered during discovery is so compelling that it forces a stubborn insurance company back to the negotiating table with a much more realistic settlement offer.
Even after a lawsuit is filed, most cases will still settle. Many are resolved through mediation, a process where a neutral third-party mediator helps both sides find common ground. Mediation has a very high success rate and is often the last major opportunity to resolve a case before the immense cost and risk of a trial.
The Final Step: When a Case Goes to Trial
If all else fails—if the insurance company still refuses to be reasonable after a lawsuit has been filed and discovery has been completed—then your case will be set for trial. This is the moment when your story is presented to a judge and a jury of your peers, who will listen to the evidence and render a final verdict.
Going to trial requires a legal team with a specific set of skills: the ability to persuasively argue in front of a jury, to think on their feet, and to skillfully question witnesses. Insurance companies know which law firms are willing and able to go to trial and which ones will fold and accept a low offer to avoid it. The credibility of a firm’s trial record is one of the most powerful negotiation tools there is.
Finding the Right Partner for Your Journey: Suits & Boots Accident Injury Lawyers
The path to a fair resolution after an accident is complex, and the outcome depends on thorough preparation from the very beginning. At Suits & Boots Accident Injury Lawyers, our Houston personal injury attorneys guide families through this journey with a different approach. Instead of a quick consultation, we offer a No Cost, No Obligation 30-Day Investigation to build the strongest case possible for you.
We believe you deserve better than a lawyer who rushes to a low settlement. Our unique method combines the hardworking grit of the Boots (exhaustive investigation) with the courtroom skill of the Suits (powerful negotiation). This is our Max Money Method—a commitment to being fully prepared for trial, which forces insurance companies to offer the full compensation you deserve. Because we know the financial pressure is immense, we also provide options for Immediate Financial Help.
Claim or start your free Investigation with Suits & Boots Accident Injury Lawyers today by calling us at (713) 489-0922 or reaching out through our online form.