What Happens if My Car Accident Case Goes to Trial?

The majority of car accident claims are resolved through settlement negotiations with the insurance company. Settlements save time, reduce stress, and provide certainty. But when the insurer refuses to offer a fair amount, the only way to pursue full compensation may be to take the case to trial.

Going to trial doesn’t mean you’ve done anything wrong. It simply means there’s a dispute that requires a jury to resolve. While the courtroom process can feel intimidating, understanding what to expect can make it much less overwhelming. Having a trusted attorney on your side makes the experience much easier.

A trial is designed to allow both sides to present their arguments and evidence before a fair and impartial jury. The process typically begins with jury selection, during which attorneys question potential jurors to ensure they can remain objective. Once a jury is seated, each lawyer gives an opening statement to outline what the evidence will show.

From there, the plaintiff’s side (that’s you and your legal team) presents the case. This can include medical records, accident reports, photographs, and witness testimony.

Afterward, the defense has its turn, often challenging the extent of your injuries or trying to shift blame for the accident. Finally, each side delivers closing arguments, and the jury deliberates before issuing a verdict.

Evidence is the backbone of any car accident trial. Some of the most important pieces of evidence include:

• Police reports documenting the accident scene and officer observations. For this reason, it’s always important to make sure you get a police report before you leave the scene of the accident if you are medically able.
• Medical records showing the extent of your injuries and treatments. Keep detailed documents and records of every treatment you receive to ensure you have the evidence needed to properly establish the severity of your injuries and the extent of your treatment.
• Photographs or videos of the vehicles, roadway, and accident aftermath. After the accident, taking your own photographs is important. It’s also wise to note the road conditions and the weather.
• Eyewitness testimony from people who saw the crash. If anyone saw the crash, get their contact information so you can have them recount what they saw.
• Expert testimony from doctors, accident reconstruction specialists, or economists. Your attorney is the best person to consult for expert testimony. Attorneys work with trusted teams of experts that they rely on to support your case.

When the jury reaches a decision, there are several possible results. The jury may decide in your favor, finding the defendant responsible and awarding damages to cover your losses.

In some cases, they may side with the defense, leaving you without compensation. There’s also the possibility of shared responsibility, where the jury decides both drivers played a role in the crash. In Georgia, this can reduce your recovery depending on your percentage of fault.

Georgia follows a modified comparative negligence rule, which means that if a plaintiff is found to be less than 50% at fault for the accident, they have a right to recover damages. These damages, however, will be reduced by the amount of fault they are found to have.

Trials can be a powerful way to pursue full and fair compensation when an insurance company refuses to negotiate. They also hold defendants publicly accountable, but there are trade-offs: trials are time-consuming, unpredictable, and can be emotionally exhausting. Even strong cases don’t guarantee large awards. You can always lose.

Because of this, many cases continue to settle before trial, sometimes even after proceedings have begun. Trials also involve higher expenses for both the plaintiff and the defendant.

As such, insurance carriers usually try to settle out of court. This is possible, but if the insurance carrier attempts to lowball you, taking a case to trial may be the best way to secure your maximum compensation.

Having an experienced trial attorney makes the process far less daunting. Your lawyer will prepare you for testimony, explain courtroom etiquette, and walk you through what to expect at each stage.

Behind the scenes, they may file motions, question witnesses, and ensure all evidence is admitted correctly. Before you ever enter a courtroom, you will be prepared with the right things to say and what not to say, so there’s no need to feel nervous or intimidated.

The attorney’s role is to frame your story in a way that is both compelling and legally sound, so the jury understands not just the facts, but also the real human impact of the accident.

If your car accident case goes to trial, it may feel intimidating at first, but with preparation and skilled representation, a trial can be your best opportunity to achieve justice. A jury will hear your story, review the evidence, and decide what compensation is fair.

At The Dixon Firm, we know the courtroom can be overwhelming, and we stand by our clients every step of the way. We know that no one wants to go to trial, but that trial is often the best way to ensure you get maximum compensation for your damages. Whether your case ends in settlement or goes before a jury, our mission is the same: we fight for the full and fair compensation you deserve.

Contact us today to have your case reviewed.