Usually, no. A California car accident claim can often be resolved through insurance negotiations or settlement without a trial. Even if a lawsuit has to be filed, that does not mean the case will ultimately be tried in a courtroom. However, if the case does not settle, or if the court requires your attendance at a proceeding, you may need to appear.

At Johnson Attorneys Group, we handle the insurance negotiations and legal process for people injured in California car accidents. If filing a lawsuit becomes necessary, we prepare the case while continuing to look for a fair resolution. If you need to attend a deposition, settlement conference, hearing, or trial, we explain what to expect and prepare you beforehand.

Call 1-800-208-3538 for a free case review.

Most Car Accident Claims Do Not Require A Trial

California’s Judicial Branch says that most civil disputes are resolved without filing a lawsuit and that most civil lawsuits are resolved without a trial.

That can happen in several ways.

After a car accident, we may first present the injury claim to the responsible party’s insurance company. If liability and damages can be resolved through negotiation, the case can settle without filing anything in court.

If the insurer disputes the claim or does not offer an amount supported by the evidence, filing a lawsuit may become necessary. Settlement negotiations can continue after the lawsuit is filed.

A lawsuit and a trial are not the same thing.

Do You Have To Go To Court If You File A Lawsuit?

Not necessarily.

Filing a lawsuit starts the formal civil court process. It allows the parties to use procedures such as discovery to obtain documents, testimony, and other evidence.

The case may still settle before trial.

After a lawsuit is filed, the process can include:

Written discovery
Depositions
Exchange of documents and records
Expert review
Mediation
Settlement conferences
Court hearings
Trial preparation

Some of these steps happen outside a courtroom. A deposition, for example, involves sworn testimony but is ordinarily taken outside court.

Your personal injury attorney can handle much of the legal work. Whether you personally need to attend a particular proceeding depends on the type of proceeding and the court’s orders.

When Might You Have To Appear In Court?

There are situations where your personal attendance may be necessary.

Your Case Goes To Trial

If the case cannot be resolved, it may proceed to trial. If you are the injured plaintiff, you may need to attend and testify about the accident, your injuries, medical treatment, financial losses, and how the injury affected your life.

We prepare clients before testimony so they understand the process and the types of questions they may be asked.

The Court Requires Your Attendance

A judge may require a party to appear for a particular proceeding.

California courts can also schedule mandatory settlement conferences. Under California Rule of Court 3.1380, trial counsel, the parties, and people with full authority to settle generally must personally attend a mandatory settlement conference unless the court excuses someone for good cause.

These conferences are intended to give both sides another opportunity to resolve the case before trial.

You Receive A Subpoena

A subpoena can require a witness to appear at a trial or hearing and testify. California law identifies a subpoena as the process used to require the attendance of a witness.

If you receive a valid subpoena, do not ignore it.

A subpoena should not be confused with a summons.

What Does It Mean If You Receive A Summons?

A summons generally means that someone has filed a lawsuit against you and you have been named as a defendant.

California Courts explains that a civil summons is served with a complaint informing the defendant who is suing, why they are being sued, and that a response is required.

Receiving a summons does not mean you should simply arrive at a courthouse without knowing what to do. The first issue is responding to the lawsuit within the applicable deadline.

If the lawsuit arose from a car accident, notify your automobile insurer immediately and provide it with the lawsuit documents. Depending on the policy and coverage, the insurer may provide a defense.

Can A Car Accident Case Settle After A Lawsuit Is Filed?

Yes.

Settlement can occur before a lawsuit, after a lawsuit is filed, during discovery, during mediation, shortly before trial, or sometimes while trial preparations are underway.

Filing suit may become necessary because:

Liability is disputed
The insurer disputes whether the crash caused the injury
The parties disagree about the value of damages
Important evidence must be obtained through formal discovery
Multiple defendants are involved
Insurance coverage is disputed
The filing deadline is approaching
Settlement negotiations have reached an impasse

The purpose of filing a lawsuit is not simply to get into a courtroom. It gives us access to formal legal procedures and preserves the ability to have the dispute decided at trial if a fair settlement cannot be reached.

What Is Mediation?

Mediation is one way a car accident case may be resolved without trial.

A mediator is a neutral person who helps both sides communicate and try to reach an agreement. The mediator does not decide who wins or force the parties to accept a settlement.

California Courts identifies mediation as a form of alternative dispute resolution that can help parties settle a civil dispute without trial.

If an agreement is reached, the case may end without a trial.

What Is Arbitration?

Arbitration is different from mediation.

An arbitrator hears the positions and evidence presented by the parties and makes a decision. California Courts explains that arbitration can be binding or nonbinding.

In binding arbitration, the parties generally agree to accept the arbitrator’s decision rather than proceeding to trial. With nonbinding arbitration, a dissatisfied party may have the right to request a trial.

Whether arbitration applies depends on the particular claim, insurance coverage, agreements, and procedural circumstances.

What Happens At A Car Accident Trial?

If settlement efforts fail, the case may proceed to trial.

At trial, the evidence may address:

How the accident happened
Who was legally responsible
Whether more than one person shared fault
Whether the accident caused the claimed injuries
Medical treatment
Future medical needs
Lost income or reduced earning capacity
Pain and suffering
Other damages supported by the evidence

Witnesses may testify and documents, photographs, medical records, video, and expert opinions may be introduced as evidence.

Depending on the case, a judge or jury decides disputed issues and determines the outcome.

Should You Avoid Filing A Lawsuit Just Because You Do Not Want To Go To Court?

No. Fear of appearing in court should not be the only reason to accept an inadequate settlement.

Filing a lawsuit does not guarantee that your case will go to trial. Settlement remains possible throughout much of the litigation process.

At the same time, we cannot promise that you will never need to appear. If a fair settlement cannot be reached, being willing and prepared to take the case further can be important.

We explain that possibility before major litigation decisions are made.

When Should You Speak With A Lawyer?

You may be able to handle a small property-damage claim without legal representation. Legal help becomes more important when you have significant injuries, liability is disputed, several parties are involved, or the insurer will not resolve the claim fairly.

A car accident lawyer can also evaluate whether filing suit is necessary before the statute of limitations expires.

In many California personal injury cases, the general deadline to file a lawsuit is two years from the injury. Negotiating with an insurance company does not mean you should assume that deadline no longer matters.

How Johnson Attorneys Group Handles The Court Process

When Johnson Attorneys Group handles a car accident case, our goal is to resolve the claim based on the evidence while remaining prepared for litigation when necessary.

We may:

Investigate how the accident occurred
Identify responsible parties
Collect records, photographs, video, and witness evidence
Review medical treatment and damages
Communicate with insurance companies
Negotiate a settlement
File a lawsuit when necessary
Conduct discovery
Take and defend depositions
Work with appropriate experts
Participate in mediation and settlement conferences
Prepare the case for trial when a reasonable settlement cannot be reached

We keep you informed about the stage of the case and tell you when your participation is required.

Will Johnson Attorneys Group Go To Court For You?

We handle the legal representation in the case, but some proceedings may require your participation.

If you have to testify or attend a court-ordered proceeding, we prepare you and appear with you as your legal counsel. If your presence is not required, we handle the legal work that can appropriately be completed on your behalf.

The goal is not to file a lawsuit unnecessarily or avoid court at any cost. The goal is to use the process that gives your claim a fair opportunity to be resolved based on the evidence.

Johnson Attorneys Group represents car accident victims throughout California and has offices in Newport Beach and Bakersfield.

Speak With Johnson Attorneys Group About Your Car Accident Claim

You usually do not have to go to trial after a car accident. Many claims resolve through negotiation or other forms of settlement, and even a filed lawsuit can settle before trial.

If court becomes necessary, Johnson Attorneys Group can handle the litigation and prepare you for any proceeding you need to attend.