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Why Your Car Accident Case Might Go To Trial Instead Of Settling

On Behalf of The Andres Lopez Law Firm , PA | November 26, 2025 | Uncategorized

Most car accident cases settle before trial. That's just the reality. Insurance companies would rather negotiate a resolution than spend money on litigation, and injury victims usually prefer getting compensation sooner rather than waiting months or years for a jury verdict.

But some cases don't settle. They end up in court. At The Andres Lopez Law Firm, we've taken numerous car accident cases to trial when settlement negotiations break down or when insurance companies refuse to offer fair compensation. Understanding why cases go to trial helps you know what to expect if your own claim heads in that direction.

When Insurance Companies Dispute Who's At Fault

Liability disputes are one of the most common reasons cases end up in front of a jury. If the insurance company believes their driver wasn't responsible for the accident, or if they claim you share significant fault, they won't offer reasonable settlement amounts. Florida uses a comparative negligence system under Florida Statute 768.81. Your compensation gets reduced by your percentage of fault. Insurance companies know this, and they'll argue you're more at fault than you actually are to minimize what they pay. Say the insurance company claims you were 60% responsible for a crash. They're not going to settle for anything close to full value. Sometimes the only way to resolve these disputes is to put the evidence in front of a jury and let them decide who's really at fault.

The Settlement Offer Doesn't Cover Your Damages

Insurance adjusters make lowball offers all the time. They're counting on people accepting less than they deserve because they need money now or don't understand what their case is worth. When the gap between what's offered and what's fair becomes too wide, trial becomes the better option. We're not talking about minor disagreements over a few thousand dollars. We mean situations where:

• Your medical bills and lost wages alone exceed the settlement offer
• The insurance company refuses to account for future medical treatment you'll need
• They're ignoring permanent injuries or disability
• Pain and suffering compensation is insultingly low, given your injuries

If an insurance company offers $25,000 to settle a case where your client has $40,000 in medical bills, ongoing treatment needs, and permanent scarring, that's not a negotiation. That's disrespect. Sometimes you have to take them to court.

Policy Limits Create Complications

Policy limits affect settlement dynamics in ways most people don't anticipate. When the at-fault driver has minimal insurance coverage, say $25,000, and your injuries are worth far more, you're stuck dealing with inadequate compensation. You might have underinsured motorist coverage through your own policy that can make up the difference. But your own insurance company now becomes another party that needs to agree to settlement terms. If they dispute the value of your claim or argue about coverage issues, a trial might be necessary to force them to pay what you're owed under your policy. Multiple defendants complicate things further. When several parties share responsibility for an accident, getting all their insurance companies to agree on settlement amounts at the same time rarely happens smoothly. One company might be willing to settle, while others refuse, pushing the entire case toward litigation.

The Insurance Company Thinks You Won't Actually Go To Trial

Some insurance companies use hardball tactics. They make unreasonable offers because they're betting you won't want to wait for trial or deal with the uncertainty of a jury verdict. They think you'll cave and accept whatever they're willing to pay. This strategy works on unrepresented accident victims or attorneys who don't regularly try cases. Insurance adjusters know which lawyers actually go to court and which ones always settle right before trial. If they think they're dealing with someone who won't follow through with litigation, they won't budge on settlement numbers. When we take a case, insurance companies know we're prepared to try it if necessary. That changes the calculation. But even then, some adjusters won't move until jury selection is literally about to start.

Disputed Medical Causation

Insurance companies love arguing that your injuries weren't caused by the accident. They'll claim you had pre-existing conditions, or that something else caused your symptoms, or that you're exaggerating the extent of your injuries. Medical causation disputes often require dueling medical opinions. Your doctors say the accident caused your injuries. Their doctors say it didn't. When medical professionals fundamentally disagree, settlement becomes difficult because neither side can predict with confidence what a jury will believe. These cases frequently go to trial because there's no middle ground. Either the accident caused your herniated disc or it didn't. Either your ongoing pain is legitimate or it's not. A jury has to decide.

You Actually Want Your Day In Court

Not every decision to go to trial is about money. Sometimes our clients want accountability. They want the at-fault driver to sit in a courtroom and face what they did. They want a jury to hear their story and validate their experience. That's legitimate. The legal system exists to provide a forum for resolving disputes, and you have every right to use it. If settlement terms don't feel like justice, if you need to tell your story publicly, or if you want a jury verdict on the record, a trial might be the right choice even when a settlement is possible.

The Process Takes Time

Trials don't happen quickly. After filing a lawsuit, you're looking at months of discovery, depositions, and motion practice before you get a trial date. Then court schedules can push things back further. The wait is hard. You're living with injuries, dealing with financial stress, and wanting a resolution. But sometimes waiting and going to trial results in significantly better compensation than accepting an inadequate settlement offer would provide.

What Happens At Trial

If your case goes to trial, we present evidence to a jury. That includes:

• Your testimony about how the accident happened and how it's affected your life
• Medical records and testimony from your treating physicians
• Accident scene photos, police reports, and witness statements
• Economic evidence showing your lost wages and future financial losses
• Any other documentation supporting your claim

The insurance company's attorneys present their defense. The jury deliberates and returns a verdict. If they find in your favor, they award damages they believe are appropriate.

Making The Decision Together

Whether to settle or go to trial isn't a decision we make alone. We advise you on the strengths and weaknesses of your case, explain what we think it's worth, and give you our honest assessment of likely trial outcomes. But you make the final call. Some cases should settle. Others need to be tried. As your Fort Lauderdale car accident lawyer, our job is to make sure you have the information you need to make that decision and then fight for you whichever direction you choose. If you're dealing with an insurance company that won't make a fair offer or you're unsure whether settlement is the right choice, we can review your situation and help you understand your options.