Do Auto Accident Claims Usually Go to Court in Louisiana?

If you’ve recently been involved in a car accident, the thought of going to court might add to your stress. However, as a victim of an auto accident in Louisiana, you may not have to enter the courtroom to claim compensation for your injuries.

Most car crash victims can secure a settlement from the at-fault driver without entering a courtroom. Typically, these agreements are reached through negotiations between your attorney and the other driver’s insurance company, avoiding the need for a trial with a judge and jury.

A Louisiana car accident lawyer from Dudley DeBosier can help you understand the pros and cons of filing a lawsuit in court and guide you on the best way to get compensation for your injuries.

What the Statistics Say

Most auto accident claims are settled outside of court. A Bureau of Justice Statistics report found that only about 3% of personal injury claims go to trial in the U.S. The rest of these cases are typically decided by agreed settlement or mediation.

Louisiana is an at-fault state for car accidents, meaning that accident victims can hold the other driver responsible to recover their damages. If you’re injured, you have two options:

• Pursue a claim for compensation through a settlement
• Pursue compensation through a jury verdict in civil court

When insurance companies and the involved parties come to an agreement, they can settle the case without going to court. However, if negotiations stall and a lawsuit is filed, they may need mediation.

In mediation, a neutral third party helps facilitate discussion between the parties to explore potential settlement options. The aim is to resolve the matter before it reaches trial.

Why Most Claims Don’t Go to Trial

Settling auto accident claims outside of court is a common practice. Here’s why most auto claims are resolved without going to trial:

• Settling a claim is typically faster than going to trial. Court proceedings can take months or years to conclude, while settlements can often be negotiated in a fraction of that time. As a claimant, you can receive compensation and move forward from the accident more quickly.

• Out-of-court settlements are generally less expensive. Legal costs accumulate during a trial, which you can avoid by settling out of court. Legal costs typically include filing fees, investigation costs, court reporting fees, expert witness fees, and administrative costs for travel.

• Avoiding court often means less stress for claimants. Trials can be emotionally taxing events, requiring victims to replay traumatic events and share private information. Settlements reduce this burden by providing a more controlled and predictable outcome in a private agreement.

• Alternate dispute resolutions are available. The courts often encourage alternative dispute resolution methods such as mediation and arbitration to reach an agreement. These methods are less formal than trial and can help both parties arrive at a mutually agreeable solution without the costs and risks of going to court.

When to Consider Taking Your Case to Court

Despite the advantages of settling out of court, there are circumstances where taking your case to trial in Louisiana might be a good option. This is especially true if proving liability is a concern or if the settlement offer fails to meet your needs.

Typically, a trial allows for a more comprehensive review and determination of your claims by a judge or jury. Our attorneys at Dudley DeBosier can help you take your case to court if your case meets any of the following criteria.

1. If liability is in dispute.

If the insurance company denies their policyholder’s fault or claims that you share the blame for the accident, reaching a fair settlement through negotiation can be challenging.

The court can provide a neutral ground to determine fault based on the evidence presented. According to Louisiana Statute 2323, you can sue for damages even if you are found partially at fault in the crash.

Under the pure comparative fault rule, a plaintiff can still receive damages if they’re at fault for an accident, but their fault percentage will reduce their payout. By going to court to provide all relevant evidence, you allow a jury to judge your percentage of fault, potentially allowing for a higher award.

2. If the settlement offered is inadequate.

If the compensation offered by the settlement doesn’t recognize the long-term impact of your injuries, a trial might result in a higher compensation. This is particularly true if you suffer a permanent injury, where the costs for medical care, rehabilitation, lost wages, and other damages are substantial.

A judge or jury can award damages not only for actual expenses but also for non-economic damages like pain and suffering. If the negligent person’s actions were particularly egregious, such as driving while intoxicated, you may be able to also ask for punitive damages from the court. 

3. If the deadline is quickly approaching.

Under Louisiana Statute 3492, victims have up to one year to file a lawsuit following a crash. If insurance negotiations have failed and the one-year timeline is approaching, your attorney may file with the courts to preserve your right to compensation.

Secure Your Settlement with Professional Legal Support

Most auto accident claims in Louisiana are settled outside the courtroom, which is often more time-efficient and less stressful for everyone involved. However, if negotiations stall or the offered settlement doesn’t cover your damages, going to court might be your best option.

If you’re seeking representation following an auto accident and need guidance on whether to file in court, speak with our skilled auto accident lawyers at Dudley DeBosier. Our experienced legal team is ready to help you understand your options and get the compensation you deserve, whether inside or outside the courtroom.

Schedule your free consultation today.

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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