If Initial Agreements Fail in My Car Accident Claim, Will I Have to Go to Court?

More A Car accident claim is included in the personal injury category, making it highly unlikely that your case will require a trial. In fact, only about 5% of all personal injury claims are settled in the courtroom, with the majority settled outside of it. While the chances are very low that your claim will […]
Published:  October 31, 2022

A Car accident claim is included in the personal injury category, making it highly unlikely that your case will require a trial.

In fact, only about 5% of all personal injury claims are settled in the courtroom, with the majority settled outside of it. While the chances are very low that your claim will go to trial, our experienced team is equipped to fight for you in court if necessary.

Do I Have to Go to Court For My Car Accident?

Here at the Mike Hostilo Law Firm, our personal injury lawyers understand that a car accident claim can make a major impact. You may be dealing with painful injuries and mounting medical bills while wondering how to provide for your family if you can’t return to work. A looming court date is yet another source of stress – but our personal injury law firm can help!

Your dedicated attorney will provide legal advice each step of the way, helping you think through your options. While a trial is sometimes unavoidable, for the vast majority of car crash cases, it is possible to secure fair compensation outside the courtroom.

Here are a few reasons why your attorney may recommend filing a personal injury lawsuit and preparing for trial:

  • The insurance company won’t make a fair settlement offer, even after negotiations
  • The at-fault driver is uninsured
  • You have been summoned for another court case

What Happens Before a Georgia Car Accident Case Goes to Court?

We’ll walk you through each step of the process, providing legal counsel as your case progresses. Keep in mind that the decision to go to court is yours. Here’s what you can expect:


Immediately after your initial consultation, our auto accident attorneys will begin building your case. We’ll gather evidence, like medical records, police reports, witness testimonies, and more.


Once we know all the details about your auto accident, we will file a claim against the at-fault driver through their insurance company. A demand letter may be sent as well, detailing your damages and the compensation you are seeking.


Upon receiving your demand letter, the insurance company may do any of the following:

  • Accept your demand
  • Offer a lower settlement/counteroffer
  • Reject your claim

In many cases, the insurance company will offer a settlement that is much less than you deserve. If this occurs, the Mike Hostilo Law Firm team will enter negotiations. We will advocate for you, fighting to maximize the settlement you receive.

What Happens If We Can't Agree on Settlement with Insurance Company? 

If the negotiation phase is unsuccessful, your attorney will likely recommend filing a personal injury lawsuit. The Mike Hostilo Law Firm will handle all the details as we prepare to present your case in court. Again, the choice to go to court is ultimately yours! Here’s how we prepare:


Both sides will share evidence, often calling on witnesses to provide helpful testimony about your car accident. 


This informal meeting between both parties is overseen by a mediator. The goal is to reach a resolution (mutually agreeable settlement) in order to avoid the courtroom.


If an agreement cannot be reached through mediation, your car accident lawsuit will proceed to trial. A judge or jury will consider all the facts, determine fault, and in the end, award damages if they see fit.

Tips to Prevent Having to Go to Court for a Car Accident Claim

Having an experienced car accident lawyer on your side boosts your chances of recovering full compensation. You can help your lawyer by doing the following:

  • Take pictures of the accident scene, your injuries, and your vehicle damage.
  • Seeking medical treatment for your injuries as soon as possible.
  • Following all your doctor’s orders.
  • Putting your lawyer in touch with witnesses.
  • Carefully documenting all medical bills, doctor notes, and other receipts.
  • Keep a journal of how the accident impacted you, both physically and emotionally.

Discover A Skilled Georgia Car Accident Lawyer Near Me, Choose Attorney Mike Hostilo! Injured in an accident? 

Attorney Mike Hostilo and his experienced team of car accident lawyers can help. We will fight to recover the compensation you deserve, whether your case goes to court or not. Contact Mike Hostilo Law Firm today to schedule your free consultation!


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© 2023 Michael G. Hostilo, LLC
All Rights Reserved.
Locations - South CarolinaBeaufort
Law Offices - AlabamaPhenix City
*"Contingent attorneys” "No fee unless you win or collect" and "You only pay us if we win your personal injury claim" fees refer only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Any result the lawyer or law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

Mike Hostilo is not licensed to practice law in South Carolina.
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