If you’ve been injured in a car accident caused by a drunk driver, one of the biggest questions on your mind might be whether you’ll have to go to court to receive compensation. The idea of going to court can be intimidating, but not all cases end up in a courtroom. In fact, many personal injury claims involving drunk driving accidents are resolved through settlements. 

What Happens After Filing a Drunk Driving Accident Claim?

Once you file a claim for a drunk driving accident, several steps take place before the case reaches court. After gathering evidence—such as medical records, police reports, and witness statements—your attorney will submit a demand letter to the at-fault driver’s insurance company. This letter outlines the damages you are seeking, including medical expenses, lost wages, and pain and suffering.

The insurance company will then review your claim and investigate the accident. This is the point where most drunk driving accident cases are settled. The insurance company may offer a settlement that compensates you for your injuries, and if the offer is fair, the case can be resolved without the need to go to court.

When Is a Settlement Possible?

Settlements are common in drunk driving accident cases, especially when there is clear evidence that the driver was intoxicated and responsible for the accident. In these cases, insurance companies often prefer to settle rather than risk the uncertainty and costs of a trial. A strong settlement offer may be presented if liability is clear and if the damages being claimed are well-documented.

However, it’s important to remember that the first settlement offer is not always the best. Insurance companies may offer a lower amount in the hope that you will accept it quickly. Having an experienced attorney on your side is crucial at this stage to negotiate a fair settlement that fully compensates you for all your injuries and losses.

When Would I Need to Go to Court?

There are several reasons why a drunk driving accident case might end up in court, even if the majority of cases settle. One common reason is a dispute over liability. If the insurance company or the drunk driver denies responsibility for the accident, a court trial may be necessary to determine who is at fault.

Another reason a case might go to court is if the settlement offer is too low. If the insurance company refuses to offer an amount that covers your damages, your attorney may recommend filing a lawsuit and taking the case to trial. During the trial, your lawyer will present evidence to prove the drunk driver’s negligence and demonstrate the full extent of your injuries and losses.

What Is the Trial Process Like?

If your case goes to trial, the process will typically begin with a discovery phase. During this time, both parties exchange information, including documents and evidence related to the accident. Depositions may also be taken where witnesses and parties involved in the case provide sworn testimony.

After discovery, the case will proceed to trial. Both sides will present their arguments, and a judge or jury will determine whether the drunk driver is liable for your injuries and, if so, how much compensation you are entitled to receive. Trials can be unpredictable, which is why settlement is often preferred, but your attorney will guide you through the entire process and fight for the best outcome in your case.

Should You Accept a Settlement or Go to Court?

Deciding whether to accept a settlement offer or take your case to court can be a difficult choice. Settling the case outside of court is often faster, less stressful, and less expensive. However, if the settlement offer does not fairly compensate you for your injuries, it may be worth pursuing a trial. A trial can result in higher compensation, but it also comes with risks, including the possibility of receiving less than the offered settlement or losing the case entirely.

Your attorney will help you weigh the pros and cons of accepting a settlement versus going to court. If a fair settlement cannot be reached, a trial may be your best option to secure the compensation you deserve for medical bills, lost wages, and other damages caused by the accident.

At Bell & Pollock, our experienced drunk driving accident attorneys will work with you to determine the best course of action. We’ll negotiate with the insurance company on your behalf and, if necessary, take your case to court to fight for the maximum compensation you’re entitled to. Our goal is to ensure that you are fully compensated for your injuries and losses, whether through settlement or trial. If you’ve been injured in a drunk driving accident in Colorado, we’re here to help. Don’t hesitate to contact us to schedule a free consultation and discuss your legal options.