Is It Worth Taking a Car Accident Case to Court?

Kenneth Powell
Sep 29
6 min read

Following a car accident, most people want the process to get done as quickly as possible. In fact, the majority of car accident cases never lead to court. Instead, they are resolved through the negotiation process between a personal injury lawyer and an insurance company.

However, what happens if the settlement offer is too low or if the insurance company won't take the case seriously? This is when you might consider taking your case to court. However, it's not always that simple to make that decision. Instead, it's best to consider the severity of the injuries, the strength of the evidence, and the potential risks and rewards of taking legal action to receive the compensation you deserve.

Understanding the Difference Between Settling and Going to Court for a Car Accident Lawsuit

If you want to take your car accident case to the next level, you basically have two choices; you can settle out of court or go to court. Either way, you must have a good lawyer. They can assist with questions like Is it worth suing the other driver for property damage?

A settlement happens when both sides agree to settle the case without going to trial. This usually happens between the injured person's attorney and the insurance company of the at-fault driver. In most cases, a settlement is much faster and less stressful. This allows the injured person to get compensation without dealing with a court battle. This is a relief to many, especially those with serious injuries who simply need to focus on healing.

If a settlement cannot be reached, the next step is litigation. This means that the case cannot be settled, and instead, it will be presented to the court for a judge or jury to decide what happens. A court case may take several months, and sometimes even years, to result, and a positive outcome is not guaranteed.

Reasons Someone Might Take a Car Accident Case to Court - Work with a Car Accident Attorney

There are a number of reasons why taking personal injury cases, like a car accident, to court. Here are some of those reasons:

Unfair Settlement Offers - If the at-fault driver's insurance company doesn't cover medical expenses, the victim's lost wages, or other damages, this will often lead to taking the case to court.
Disputes Over Fault - When more than one party places blame on another, it may be necessary to take the case to court.
Severe Injuries and High Medical Bills - In some cases, car accident cases are settled quickly, but if the damages you're seeking are high, oftentimes, an experienced personal injury attorney will want to present their case in court to get the best possible outcome, including the possibility of getting future medical expenses covered.
Emotional Damages - Pain and suffering claims can be better evaluated by a jury than an insurance adjuster.
Insurance Bad Faith - If an insurer does not act reasonably, the court may be the only way to get recourse.

Reasons Car Accident Victims May Consider Settling Instead

Though it may seem like a good idea, every case doesn't require a court. Sometimes it is best to go for a settlement. Here are some of the reasons why:

Lower Legal Costs - In a settlement, a car accident lawyer will negotiate with the other driver's insurance company. However, there are fewer working hours, expert witnesses aren't required, and you don't have to pay court fees. So, it's much more affordable.
Faster Process - A settlement usually takes a few weeks or months instead of many months or even years, like a court case might.
Less Stress - A trial in court will require testimony, cross-examination, and sometimes public scrutiny, which can all be very stressful.
Guaranteed Outcome - A settlement will ensure that the injured party will get compensation; a trial does not guarantee that at all.

Settling a car accident dispute isn't "losing" the case. In many cases, a car accident lawyer can provide the support needed to fight for your rights in a settlement and get fair compensation.

The Legal Process of Taking a Case to Court With a Car Accident Lawyer

Those who are considering going to trial should understand how the process works. Here are the main steps:

File a Lawsuit - The first step is to file a lawsuit. An attorney can provide valuable guidance here, as they will understand the complexities of the legal system and know if a court proceeding is the best idea. They will also help you file your claim and ensure that it's within the statute of limitations.
Discovery Phase - Both sides of the case will exchange evidence like accident reconstruction, information from the accident scene, injuries and damages, take depositions, and gather witness statements.
Pre-trial Motions and Mediation - Even after the case is filed, the judge may encourage both sides to settle before the trial. However, you still have the right to file if you want to. However, many car accident cases settle before they go to court.
Trial - If the case does end up going to trial, both sides will present evidence, question witnesses, and make arguments in front of the judge and jury.
Verdict - The court will issue a decision based on the evidence that was presented to them. An attorney will help their client understand the process of what is happening in court, if necessary. If the injured person isn't happy about the decision, and the attorney is willing, they can challenge the outcome in a higher court. Keep in mind that the at-fault driver's insurance company can do the same.

Factors That Influence Whether Court Is Worth It - Car Accident Claims Might Go to Court

Several elements play a role in determining if trial is the right path:

Strength of evidence – Clear photos, video footage, and credible witness testimony make a case stronger.
Comparative negligence laws – In Missouri, pure comparative fault applies, meaning damages are reduced based on the injured party’s percentage of fault. A strong case with minimal shared fault may fare better in court.
Jury perception – Some cases may benefit from the sympathy or understanding of a jury.
Defendant’s resources – If the at-fault driver or their insurer has significant assets, trial could lead to higher compensation.

The Role of a Law Firm in the Decision

Choosing whether to settle or take a case to court is not a decision to make alone. It may be beneficial to seek the best car accident lawyers around. An experienced car accident attorney can:

Evaluate case strength – Assess the likelihood of success at trial.
Negotiate aggressively – Push the insurance company toward a fair settlement.
Prepare for trial – Gather expert witnesses, build a persuasive narrative, and ensure all legal requirements are met.
Advise on risk vs. reward – Provide realistic expectations about possible outcomes and timelines.

Balancing Risk and Reward Of the Court Process

Going to court can result in a higher payout, but it also carries the risk of losing and receiving nothing. Accident victims must weigh:

Potential award vs. settlement amount
Time to resolution
Emotional and financial stress
Likelihood of success

For some, the chance of full compensation outweighs the risks. For others, securing a fair settlement now is the smarter choice.

Work with an Experienced Car Accident Lawyer - Powell Law Firm Offers a Free Consultation

Car accidents can cause a lot of stress, and the person who caused the accident must be held liable for their actions. An attorney can help determine how much a case is worth and negotiate for a higher settlement. If the initial settlement offer isn't acceptable, they can help you navigate the way to court. They can also help with questions such as Is it worth accepting the first settlement offer?

Whether it’s worth taking a car accident case to court depends on the specifics of the case, the quality of the evidence, and the willingness to take on the risks of trial. While settlements are faster and more predictable, court cases can yield greater compensation when insurers refuse to be fair.

For drivers in Missouri, consulting with an experienced attorney is the best way to make an informed choice. A skilled lawyer can review the details, explain the pros and cons, and fight for the best possible outcome—whether at the negotiating table or in the courtroom.

Powell Law Firm is hear to offer peace of mind. We have a proven track record of success. Call us today for a free consultation.