July 20, 2022

Most Utah Car Accident Cases Settle.

Utah Car Accident LawyerThe question often asked, “Is my Utah car accident going to a jury trial?  Is there even going to be a publicly filed lawsuit?”

Looking at the pure case statistics, it is highly unlikely that your Utah car accident case will ever see the light of a glorious Utah courtroom.  Most motor vehicle collisions just involve insurance companies and are never filed lawsuits.

Most Car Accident Cases Settle Because Most Car Accident Lawyers Are Not Inclined to Try Them to a Jury.  Or Even File a Lawsuit.

When you are picking a Utah personal injury attorney for your car accident case.  Make you pick a trial lawyer who regularly takes car accident cases to jury verdicts.  Win or lose, the plaintiff’s personal injury attorney who takes cases to trial will get you better results. Motor Vehicle Collision

Insurance companies know which car accident attorneys who always settle and never file lawsuits, let alone take a case all the way to a jury trial.  Opposing insurance defense attorneys know when you chose an attorney who never even files lawsuits.   You get inferior results when you hire an inexperienced personal injury attorney who has never tried a car accident to a jury verdict.

There are many, many personal injury attorneys who never file lawsuits.  They always just try to negotiate the best result without  filing an expensive and long lawsuit.  There is another class of car accident lawyers who occasionally file lawsuits, but arbitrate nearly all of their filed cases.  The last catetgory of injury attorneys are those regularly file lawsuits to get the best result and are prepared to go all the way to a jury trial when needed.

Who Makes the Decision to Go To a Jury Trial?

The only person who makes the decision to file a lawsuit or go all the way to a jury trial is the injured client.  Not the attorney, not the insurance company, or the non-injured spouse.  It is the injured person who makes the final decision to file a car accident lawsuit or to just settle.  The decision to settle is always with the client and can be exercised at any time so long as there is an offer on the table.

Do Litigated Car Accident Cases Take Longer?

Clearly car accident injury claims where lawsuits are filed take longer than car accident cases where no litigation is filed.   See this article on how long litigated car accident cases take.

Car Accident Cases Start-To-Finish with Litigation.

Car accident cases involving lawsuits take generally one year or more to resolve.

Do I Get Better Results When I Litigate My Utah Car Accident Case?

It depends.  If you have a decent settlement offer prior to litigation, it is often way better to accept a middle of road offer than litigate.  Litigation takes way longer and is way more expensive than settling prior to filing suit.  Early and adequate settlement offers are not common.  So you have to file litigation to receive fair and full compensation for your injuries.

What are Common Litigation Expenses When a Lawsuit is Filed?

Expert witnesses are the big expense in litigating a Utah car accident injury case all the way to a jury trial.   At minimum expert witnesses tend to be $2,500 for the initial report and at-least $2,500 for the expert’s trial testimony.  These basic expert witness costs are only for one expert and sometimes more than one expert is needed.  Additionally, you cannot get back your expert costs from the losing party after you win.  Expert witness costs are not taxable costs under Utah Rule of Civil Procedure 54.

UTAH CAR ACCIDENT ATTORNEY JAKE GUNTER has been an attorney for nearly 20 years.  Trying lawsuits and jury trials across Utah.  He exclusively practices personal injury and criminal defense.  Call/TXT(801) 373-6345 for a free consult.