Do I Have to Go to Court After a Car Accident in OKC?

After a car accident, most individuals want to settle their case and move forward with their lives. Accident victims are often faced with expensive medical bills, auto mechanic fees, lost wages, mental trauma, emotional distress, and more. The thought of going to trial for their case may add an additional layer of stress, anxiety, and frustration that they simply do not want to deal with. While you do not necessarily have to go to court, it could be recommended if you are unable to obtain the justice and compensation that you rightfully deserve for your losses.

Most of the time, it is recommended for car accident victims to file an insurance claim before filing a lawsuit and going to court. Oklahoma is a fault state, meaning that the at-fault driver is responsible for the accident and losses they caused. When you file an insurance claim, you will file it against the responsible driver’s insurance provider.

If filing an insurance claim does not help you obtain the results you want or need, your lawyer may suggest taking your car accident case to court. However, it is important to know that this is a personal choice and that you ultimately do not have to choose to go to court if you do not wish to. Instead, you can take the settlement offer that the insurance company provides and quickly put the car accident case behind you.

Reasons why a lawyer may recommend taking my case to court

There are several reasons why a lawyer may recommend taking your case to court, such as:

• The insurance company refuses to cooperate: It is common for insurance companies to refuse to speak to you, prolong your claim, or deny it altogether. When this happens, a lawyer will likely recommend filing a lawsuit and taking your case to court. Filing a lawsuit can show the insurance company that you are serious about getting the money you are owed, which may push them to offer you a fair settlement.
• Your attorney believes you deserve more than the insurance company can give you: When you take your case to court, you have a stronger chance of receiving more compensation. This is because there are policy limits on how much money insurance companies can give to accident victims. In addition, those who take their cases to court are more likely to get money for non-economic damages, such as emotional distress, mental anguish, trauma, scarring, disfigurement, disability, and chronic pain.
• You trust a judge or jury over the insurance company: It can be difficult to trust an insurance company. They are known to use tricks and tactics to avoid giving you the full amount of compensation that you are owed. Therefore, if you are having a hard time trusting or working with the insurance company to get the settlement you deserve, it may be time to take your case to court, where a judge or jury will decide who is at fault and how much compensation will be awarded.
• You have severe and life-threatening injuries: When a person has severe and life-threatening injuries, the value of their case will likely be very high. If this sounds similar to your situation, your attorney may recommend taking your case to court because the insurance company may be unable to pay for your ongoing and recurring surgeries, medical procedures, physical and occupational therapy, medications, and devices and equipment.

What are the pros and cons of filing an insurance claim or lawsuit?

Just like everything else, there are pros and cons that you must be aware of when deciding whether to file an insurance claim and take a settlement or to file a lawsuit and go to court. Below, we will go over a few of the pros and cons for each that you should know.

Pros for filing an insurance claim:

• You may be able to save money on legal fees.
• You may be able to obtain compensation quickly.
• You are usually guaranteed some type of compensation.
• You have more control over the amount of compensation you receive.

Cons for filing an insurance claim:

• You may have to settle for less compensation than you are owed.
• You may have to deal with the insurance company twisting and turning your statements to fit their narrative.
• The insurance company will likely be difficult to work with, resulting in them prolonging or denying your claim.

Pros for filing a lawsuit:

• You can potentially receive more compensation for your economic and non-economic losses.
• Filing a claim can give the insurance company the nudge they need to offer a fair settlement.
• A neutral party (the jury or judge) will decide who is at fault and how much money you may receive.

Cons for filing a lawsuit:

• The results and outcome of your case may be unpredictable.
• You will likely have to wait longer for compensation.
• Filing a lawsuit and going to court takes a lot more time than the insurance claims process.

If you have recently suffered injuries in a car crash and need legal assistance, please do not hesitate to get in touch with an Oklahoma City car accident lawyer from Cunningham & Mears at your earliest opportunity. We review the facts and details of your claim, inform you of your rights, go over the possibilities of filing a lawsuit, and prepare to stand up and advocate for the justice and compensation you deserve. We can help you weigh out your options and determine the best course of action to obtain the money you are owed. We do not always recommend going to court, but when we do, we are confident in our ability to secure the award you are entitled to. Call our office or complete our contact form to schedule a free consultation at our Oklahoma City office today.