Will My Car Accident Case Go to Court?
Most car accident cases in California never go to trial. Many resolve through negotiation with the insurance company before a lawsuit is filed. Filing a lawsuit does not mean a trial will happen either, since many cases settle during litigation. Whether to accept a settlement or go to trial is always the client’s decision.
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Read the transcript
Alex Mardirossian: In most situations when we have a new client come in, they assume that they’re getting a day in court off the bat. Most people think that they have to go to court. That’s not generally the case. Court, we go to very often, but it’s only as a last resort. We’re generally able to resolve a case if there’s a reasonable offer made by the insurance prior to filing a lawsuit and going to litigation. And at the end of the day, it’s always the client’s right and final decision if they want to go to court or not.
Why most people expect a day in court
TV and advertising make personal injury cases look like courtroom battles. In practice, a case starts long before court: your attorney gathers medical records, bills, and evidence, then presents a demand to the insurance company and negotiates.
“In most situations when we have a new client come in, they assume that they’re getting a day in court off the bat. That’s not generally the case.”
Alex Mardirossian
When a lawsuit makes sense
A lawsuit becomes the right step when the insurance company will not make a reasonable offer, when liability is disputed, or when the filing deadline is approaching. In California, that deadline is generally two years from the date of injury (Code of Civil Procedure § 335.1).
What happens after a lawsuit is filed
Both sides exchange information through discovery, which can include written questions, document requests, and depositions. Many cases go to mediation, where a neutral mediator helps the two sides reach a settlement. A case goes to trial only if those steps do not produce a fair result.
Who decides whether to go to trial
You do. Your attorney advises you on any offer, but the decision to settle or go to trial belongs to the client.
“At the end of the day, it’s always the client’s right and final decision if they want to go to court or not.”
Alex Mardirossian
What going to court costs you
AM Legal handles car accident cases on a contingency basis. You do not pay hourly, and the firm covers court costs up front.
“If there are any court-related expenses, we as a law firm front those expenses.”
Teni Amadian
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Read the transcript
Teni Amadian: In personal injury cases, everything is done on a contingency fee basis, meaning that you don’t pay your attorneys hourly. Once a settlement is made, an attorney’s fees then come out as a portion from that settlement amount. If there are any court-related expenses, we as a law firm front those expenses. Once they get their well-deserved settlement, we take a percentage, and all of those fees are taken out of the settlement.
How AM Legal helps
Teni and Alex work every case together, so two attorneys review every detail of your claim. When an insurance company will not make a fair offer, they are prepared to take the case to court.