After a car wreck, many people are willing to pursue a claim but are uneasy about the idea of “going to court.” A common question we hear is:
“Do I have to go to court for my Louisiana car wreck case, or can this be resolved without a trial?”
In many matters, claims resolve through settlement, either before or after a lawsuit is filed. A smaller number go all the way to trial. Our job is to explain the process, tell you where your case likely fits, and be prepared for both settlement and trial when that is in your best interest.
This article explains what “going to court” actually means, when a case may resolve without a lawsuit, when filing suit is appropriate, and what to expect if your file does reach a courtroom.
What “going to court” really means
People often use “going to court” to describe several different steps. In practice, there are distinct stages:
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Presenting an insurance claim
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Filing a lawsuit in a Louisiana court
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Attending hearings, conferences, or mediation
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Trying the case in front of a judge or jury
Many car wreck cases end during the insurance and negotiation stage, before any lawsuit is filed. Others require a lawsuit but still resolve at mediation or through a settlement agreement before trial. A smaller portion proceed all the way to a jury.
When you ask whether you will have to go to court, what you are really asking is how far into this process your case is likely to go. That answer depends on the facts, the injuries, the coverage, and how the defense responds.
When a Louisiana car wreck case can settle without a lawsuit
Some claims can be resolved within the insurance process. That is more likely when:
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Fault is clear from the crash report, photographs, and witness accounts
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Injuries and treatment are well documented
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Medical bills and wage loss can be proven through records
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Coverage is adequate for the harm you suffered
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The insurer negotiates in a reasonable range
In these matters, our work includes investigating the collision, helping you line up appropriate medical treatment, gathering records and bills, and preparing a demand package. We then negotiate directly with the insurer. If the carrier engages in good faith and reaches a fair number, we can resolve the claim without filing suit.
No lawyer can promise that every case will settle at this point. What we can do is present a complete file, press for fair value, and tell you plainly whether an offer is in range or unacceptably low.
When filing suit is in your best interest
There are situations where filing a lawsuit in a Louisiana court is the right next step. Common examples include:
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The insurer will not move past an unreasonably low offer
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Liability is disputed or the defense is attempting to place blame on you
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Serious injuries, surgeries, or permanent limits are being discounted
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The case involves commercial vehicles or multiple at-fault parties
When we file suit, we are not filing for drama. We are filing because the claim is not being treated fairly at the claims level and the case needs the structure and pressure that come with litigation.
Filing suit does not mean your case is guaranteed to reach a jury. Many lawsuits settle after more information comes out in discovery or at mediation. The decision to file is made with you, after a clear discussion of risk, likely timelines, and goals.
What happens after a lawsuit is filed
Once we file a petition for your car wreck case, the matter follows several steps.
Pleadings
We file a petition that explains what happened, who we believe is responsible, and what damages you are seeking. The defendants file an answer, sometimes raising defenses or trying to shift fault.
Discovery
Both sides gather information. This stage usually includes:
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Written questions and requests for documents
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Depositions of you, the other driver, and key witnesses
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Possible depositions or reports from your medical providers
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Accident reports, photographs, and any video footage
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Employment and wage information when there is lost income
Mediation or settlement conferences
Courts often encourage the parties to mediate. Mediation is a structured settlement discussion with a neutral person who works with both sides to see if the case can be resolved without trial. We prepare you for that process and handle the negotiation.
Trial
If settlement still does not occur, the court sets the case for trial. At trial, a judge or jury hears evidence, decides liability, and, if the defendant is found responsible, sets damages.
Many cases resolve during discovery or at mediation. Our role is to build the record, advise you on the strength of the case, and pursue either a fair settlement or a verdict when a fair settlement is not available.
What your role looks like as a client
Even if your case requires a lawsuit, your role remains focused.
You can expect to:
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Continue treating with your medical providers
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Answer questions from our team as we prepare your file
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Review key documents and give your input
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Sit for a deposition, where you answer questions under oath with us at your side
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Attend mediation or important hearings if we ask you to be there
We handle investigation, paperwork, communication with insurers and defense lawyers, court filings, and presentation. You focus on your health and stay in contact with us as the case progresses.
Do most Louisiana car wreck cases go to trial?
Most civil cases, including car wreck matters, resolve without a trial. Many claims settle during the insurance stage. Others settle after suit is filed, often after depositions or mediation, when the defense has seen how the evidence plays out.
We do not quote a percentage or make promises about specific odds, because the path of any case depends on:
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How strong the liability and causation proof is
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How severe and well-documented your injuries are
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The amount of coverage available
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How the defendants and insurers choose to respond
Our approach is straightforward:
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We prepare your case as if it may need to be tried
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We explore settlement whenever there is a chance to reach a fair number
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We are ready to go into the courtroom when that is what it takes to pursue full and fair compensation
How filing suit can affect value and timing
Clients sometimes assume that filing suit automatically leads to a higher settlement. The reality is more nuanced.
Filing suit can:
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Show the insurer that you are serious about enforcing your rights
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Allow us to obtain more information through discovery
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Increase pressure on the defense as hearings and trial dates approach
At the same time, litigation usually lengthens the timeline. It can also be more demanding for you, as you may need to appear for a deposition and attend additional appointments.
Whether that trade-off makes sense depends on:
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Injury severity and long-term impact
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The size of the gap between the offer and the likely case value
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The amount of insurance coverage
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How much time and effort you are prepared to invest
We discuss these points with you before and during litigation, not just at the beginning of the relationship.
Questions to raise when you speak with us
If you are concerned about court, these questions can guide your first conversation:
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Based on what you know so far, is my case more likely to settle in the claims stage or in litigation?
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What would make you recommend filing a lawsuit instead of staying in negotiations?
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If my case is filed, what are the main steps I should expect over the next year or so?
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How will you keep me informed about offers, hearings, and decisions that affect me?
You should come away with a realistic understanding of the likely path and the role you will play.
Talk with a Louisiana car wreck lawyer about your next steps
No online article can tell you with certainty whether you will have to go to court for your Louisiana car wreck case. That answer depends on your facts, your medical course, the coverage, and how the defense responds when your claim is presented.
What we can offer is a specific assessment of your situation and a clear explanation of your options.
If you have questions about settlement, lawsuits, or trial, you can contact us at Inzina Law for a Free Case Evaluation. We will review what happened, your injuries and treatment to date, and the coverage that may apply, then explain whether your case is more likely to resolve in the claims stage, in litigation, or, in some situations, at trial.
Disclaimer
General information only. Not legal advice. Reading this site or contacting Inzina Law does not create an attorney-client relationship. Do not send confidential information until representation is confirmed. Past results do not guarantee a similar outcome.