Do I have to go to court for a car accident lawsuit in Baton Rouge?

By June 24, 2020July 7th, 2020Motor Vehicle Accident

In East Baton Rouge Parish, there are over 18,000 wrecks per year – roughly 50 car accidents per day.

In the event you fall into this statistic, the first thing you should focus on is whether anyone is hurt, including the other driver. Second, you should start thinking of financial and legal obligations, which includes facing inevitable lawsuits in the event of disputes.

The first thing people usually want to know is, “Will I have to go to court?” The short answer is, probably not. But here, we’ve also laid out the long answer.

Types of Car Accident Lawsuits

Whether a case will end up in court often depends on the type of car accident lawsuit being filed. Here are a few of the most common types of car accident lawsuits in Baton Rouge.

Personal Injury 

The main type of car accident lawsuit is a personal injury suit.

Throughout the United States, only 5% of personal injury lawsuits actually go to trial. If you’re involved in one of these types of lawsuits in East Baton Rouge Parish, odds are you will not have to attend court. However, personal injury lawsuits can often be the most costly, with the court taking the following financial loss into account:

  • Hospital bills
  • Car repair
  • Work lost due to injury
  • Emotional damages

Property Damage 

In addition to personal injury lawsuits, there are also property damage lawsuits.

This type of lawsuit focuses on vehicle damage costs but, in really messy accidents, could extend to objects that were in the car, too. For example, if you run into a vehicle full of expensive watches, the watches damaged would be included in the property damage total.

Insurance typically sets more aside for property damage rather than personal injury, so if there is no personal injury involved and just property damage, this can be a silver lining.


Another type of outcome is an insurance lawsuit. This type of car accident lawsuit has a lot of crossover with the first two types.

When there is no way of proving whose fault an accident is, a case arises to resolve this issue. But the drama doesn’t end when insurance figures out payment.

In the event a low insurance settlement occurs — whether it be for personal injury or property damage — the individual who received this amount may decide to seek more money.

Avoiding Trial

While every case is different, here are some of the ways that clients involved in lawsuits can work to avoid trial.

Remember — it’s always important to consult with your attorney about any changes in your case before making a final decision.

Settling Early

One of the easiest ways to avoid trial is to consider settling on an amount early.

Although it’s not true in every case, sometimes agreeing to a settlement in a lawsuit quickly can save you more in the long run. During lawsuits, legal fees are constantly adding up, and you don’t want to spend any unwanted time disputing an amount if it’s not necessary.


One of the main reasons car accident lawsuits go to trial is because one of the parties was willfully negligent – or failing to care for another individual’s well-being.

For this reason alone, cooperation is key. During the process of a lawsuit, situations can quickly worsen when you do not cooperate. Examples of not cooperating include dodging phone calls, not equipping yourself with proper legal defense, or not showing up for court.

But in many instances, if you cooperate from the beginning, you won’t have to go to court at all!

Having Insurance

In the state of Louisiana, it is illegal to drive a motor vehicle without proof of insurance. If you’re caught without proof, you may face a fine ranging from $100 – $700.

Because of this, the easiest way to avoid court is to simply to make sure you have car insurance. Sometimes, the most complex part of a car accident lawsuit is someone’s lack of insurance.

Making sure you always have up-to-date insurance may help prevent future issues in case of a car accident.

How Pierce & Shows can help

If you or someone you love has been in a car accident, contact Pierce & Shows today. Our legal team understands the complexities of dealing with both insurance companies and the court, if your case comes to that. Give us a call as soon as possible so we can help you through this difficult time and fight to get you the compensation you deserve.

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