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Why Are Out-Of-Court Settlements Common in Car Accident Cases?

Most car injury claims in the country are settled out-of-court. Here are three common reasons.

According to statistics, around 1 in 20 personal injury cases are settled in court. That’s right; most car injury claims in the country are settled in out-of-court agreements. This may seem surprising considering the common movie depiction of accident victims and negligent parties fighting it out in the courtroom.

Here are three common reasons most car accident cases don’t go to trial.

st. louis man signing settlement offer after car accident


If you’re familiar with trials, you know there is no guarantee that the court will side with you. And if the judge rules in your favor, the settlement amount could still be smaller than you expect. 

However, the settlement is generally guaranteed and predictable when you settle out of court because it isn’t upon the judge to decide. Instead, attorneys from both sides come together and hammer out an agreement that offers both parties a measure of certainty.


Another reason why many people avoid the court process when settling their car injury claim is privacy. You see, court hearings are generally a matter of public record. This means that all details related to your claim will likely be made public for anyone to see, analyze and use. 

This may include evidence and claims tabled by you or the defendant, as well as the case’s outcome, meaning the compensation amount you’ll receive will go on the record. 

On the other hand, an out-of-court settlement agreement generally allows you to keep details related to your claim private. You can even ask your attorney to include a non-disclosure clause in the final agreement to protect yourself from public scrutiny. 

Save Money

If your case goes to trial, you may require a lot of evidence, investigations, and even expert witnesses to demonstrate how the defendant caused your accident and injuries. This is not only time-consuming, but it can also be expensive. An out-of-court settlement will generally save you and the defendant the expense of going to court.

However, you should keep in mind that just because trial cases tend to be expensive, it doesn’t mean your case will be costly. Therefore, you should make sure you speak to your attorney before choosing a settlement route. 

You Can Get the Court Involved Any Time

It’s worth noting that injury cases can generally switch between an out-of-court agreement and needing the court’s intervention at any time, depending on the circumstances. So, suppose you lose the desire to continue with the out-of-court negotiation, feel uncomfortable, or notice you’re just spinning your wheels trying to convince the insurance company your claim is merited. In that case, it may be time to choose court litigation. It’s also worth noting that parties involved in an out-of-court agreement are always free to accept or reject the results of the negotiations. 

Work With an Attorney

Regardless of the option you pick (in-court or out-of-court), don’t try to face the insurance company on your own. Instead, make sure you have an experienced St. Louis car accident attorney by your side. Your attorney can negotiate with the insurance company on your behalf and use strong evidence to prove your case has merit. Most importantly, your attorney can help you determine the true value of your claim.

St. Louis Car Accident Attorneys

If you have been injured in a St. Louis car wreck caused by someone else’s negligence, you may be entitled to compensation for your injuries and related expenses. Call The Hoffmann Law Firm 24/7 for a free case evaluation.

Free Consultation with a St. Louis Car Accident Lawyer

Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!

Free Consultation (314) 361-4242