| Will
My Case Likely Settle?
Most
automobile accident cases settle before trial. Some settle early
in the process and others settle on the courthouse steps.There
are many factors which will determine whether and when your
automobile accident case will settle.
Probably the most significant of these factors is the type
of auto accident case involved and the amount of recoverable
damages. Generally, the more sophisticated and higher damage
cases do not resolve early in the process of litigation.
Rear-end collisions with small to moderate damages are probably
the fastest type of automobile accident case to resolve. However,
if the amount of damages is in serious dispute, even these
cases can proceed to trial on the with a stipulation of liability
on the issue of damages.
Some auto accident cases require that the attorneys hire
accident reconstruction experts to determine how the accident
occurred. This happens alot in cases where the allegation
is that the car had a defective design or part. Issues involving
a dispute about who entered an intersection first, or whether
the light was green or red also can require the use of experts.
In cases involving these types of issues, it may take a long
time for depositions, expert reviews and documents to be exchanged
and evaluated by the parties. Without an adequate understanding
of the issues and the potential testimony at trial, the parties
do not have enough information to evaluate their chance of
success and thus, their willingness to settle. Although cases
involving complex factual and legal issues may settle just
before trial it could take years to get to that point.
Sometimes, there is a question of whether or not the other
side has insurance coverage under a particular policy. Disputes
over insurance coverages must be resolved before any settlement
offer can be made or entertained. Such disputes frequently
deal with the issue of how much money the coverage in question
will afford for the claim. The answers to coverage questions
are generally resolved by the court through motions filed
by the parties.
Another common issue that must be resolved before the parties
can settle is the amount of provable, realistic damages sustained
by the plaintiff. Cases often proceed to trial on the sole
issue of damages. Thus, most lawyers will work the case as
if it will proceed to trial and hope that their work will
enlighten the other side about the need to settle the case.
If the case does not settle, that lawyer is then ultimately
prepared to try a good case with the best potential for a
favorable outcome.
Statistically speaking, most cases settle before trial. However,
it could take years to develop enough facts and legal issues
to convince the parties of the need to settle the case. Thus,
it would not be a good idea to count on a quick settlement
in any case.
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