What to Expect If Your Car Accident Case Goes to Trial?

Car accidents happen every day and can leave victims with serious injuries, medical bills, lost income, and long-term pain. After a crash, many people ask an important question:

Will my case go to court?

The legal system provides a path to recover compensation after an accident. However, most car accident cases never reach a courtroom. Many claims resolve through negotiations before a trial becomes necessary.

Below is an overview of how the court process works and what to expect if your case moves forward.

Why Most Car Accident Cases Do Not Go to Trial?

Before discussing the courtroom process, it helps to understand how uncommon trials actually are.

Studies show:

• About 95 to 96 percent of personal injury cases settle before trial.

• Only around 4 to 5 percent of cases go to trial.

• Most claims resolve through negotiations with insurance companies.

There are several reasons why cases often settle.

Uncertainty of Jury Verdicts

Trials involve risk. A jury could award less compensation than expected or rule in favor of the defense.

Time and Expense

A trial requires extensive preparation, witness testimony, and court scheduling. The process can take months or even years.

Insurance Company Risk

Insurance companies sometimes choose to settle rather than risk a larger verdict in court.

Because of these factors, going to trial is usually considered a last resort when settlement negotiations fail.

When a Car Accident Lawsuit Becomes Necessary?

If negotiations stall or the insurance company refuses to offer fair compensation, your attorney may recommend filing a lawsuit.

Filing a lawsuit starts the formal legal process.

1. Complaint Filed

Your attorney files a complaint with the court explaining the crash, the injuries involved, and why the other party is legally responsible.

2. Service of Process

The at-fault driver and other involved parties receive official notice of the lawsuit.

3. Defendant’s Answer

The defendant responds to the complaint. They may admit or deny certain allegations and raise legal defenses.

4. Discovery

Both sides exchange information and evidence, including:

• Medical records

• Police reports

• Witness statements

• Depositions

• Expert analysis when necessary

During this stage, many cases still settle through negotiations or mediation.

Pre-Trial Motions and Timeline

Before a trial begins, the court may address several legal issues.

Common pre-trial actions include:

• Motions to exclude certain evidence

• Requests for summary judgment

• Scheduling deadlines for discovery and trial

Cases that proceed toward trial often take 18 to 24 months or longer before reaching a verdict.

What Happens During a Car Accident Trial?

If a fair settlement cannot be reached, the case proceeds to trial.

Jury Selection

In most personal injury cases, a jury is selected. Attorneys question potential jurors to identify bias or conflicts.

Opening Statements

Both sides present an overview of their case and explain what they plan to prove.

Presentation of Evidence

The injured party’s attorney presents evidence such as:

• Accident reports

• Medical records

• Witness testimony

• Testimony from medical or accident reconstruction professionals

The defense has the opportunity to cross-examine witnesses and present its own evidence.

Closing Arguments

Both sides summarize their arguments and explain why the jury should rule in their favor.

Jury Deliberation and Verdict

The jury reviews the evidence and decides whether the defendant is responsible for the crash.

If the jury rules for the injured person, they may award compensation for:

• Medical expenses

• Lost wages and reduced earning ability

• Pain and suffering

• Other damages depending on the circumstances

How Missouri Juries Decide Car Accident Cases?

Missouri has its own rules for civil trials. A circuit court civil jury usually has 12 people (the parties can agree to fewer, but not fewer than eight), and the verdict does not have to be unanimous. Under Article I, § 22(a) of the Missouri Constitution and RSMo § 494.490, three-fourths of the jurors can return a verdict. With 12 jurors, that means 9 must agree.

The jury also decides fault percentages. Missouri follows pure comparative fault (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)). If the jury finds you 20% at fault, your damages are reduced by 20%, but you can still recover. Because of this, a defense lawyer may spend a lot of trial time trying to shift blame onto you.

Where your case is filed matters too. Crashes in St. Louis County are usually heard in the St. Louis County Circuit Court in Clayton, and Columbia crashes in the Boone County Circuit Court (13th Judicial Circuit). Generally, a lawsuit must be filed within five years of the crash (RSMo § 516.120). Filing a lawsuit does not end settlement talks. Many cases resolve at mediation or shortly before trial, once both sides have seen the evidence in discovery.

What Happens After the Car Accident Trial?

Even after a verdict, the legal process may continue.

The losing party may file an appeal if they believe legal errors occurred during the trial. Appeals focus on legal issues rather than re-examining the evidence.

In some situations, additional time may also be required to collect the awarded compensation.

Factors That May Lead to a Trial

Certain circumstances make a trial more likely.

These may include:

• Severe or permanent injuries

• Disputes over who caused the crash

• Settlement offers that do not reflect the full damages

• Insurance company disputes

• Cases involving multiple parties

Every case is different. A trial can provide an opportunity to present the full facts before a jury, but it also carries risk.

Potential Benefits and Risks of a Trial

Possible Benefits

• The jury may award more compensation than a settlement offer

• The injured person has the opportunity to fully present their case

• A verdict can hold the responsible party accountable

Possible Risks

• Jury decisions are unpredictable

• Trials take longer than settlements

• The legal process can be stressful and public

The decision to proceed to trial should always be made carefully after reviewing the facts of the case.

FAQ: Insights for Car Accident

Do all car accident claims go to court?

No. Most claims resolve through negotiations with insurance companies before trial.

How long does a car accident lawsuit take?

Some cases settle in a few months. Cases that go to trial may take one to two years or longer.

Can a case settle after a lawsuit is filed?

Yes. Settlement can occur at any stage of the process, even during trial.

Will I have to testify?

If your case goes to trial, you will likely testify about the accident and how the injuries affected your life.

What happens if the jury awards less than expected?

In limited circumstances, legal errors during the trial may allow for an appeal.

Does a Missouri jury have to be unanimous in a car accident case?

No. In circuit court civil cases, three-fourths of the jurors can return a verdict (Mo. Const. art. I, § 22(a); RSMo § 494.490).

Award-Winning Injury Lawyer Recognized for Excellence in Missouri

At Mutrux Firm Injury Lawyers, the results we achieve are reflected in the experiences of our clients and the recognition we have received in the community.

Tyson Mutrux is licensed to practice in Missouri, Illinois, and U.S. Federal Courts. He takes every case seriously, representing individuals in serious injury claims with precision and care.

Before Tyson Mutrux became one of Missouri’s most effective personal injury lawyers, he served in the U.S. Army as a Non-Commissioned Officer. He graduated with distinction from the Non-Commissioned Officers Academy and received the Army Commendation Medal for exceptional service.

The military taught him discipline, precision, and the importance of planning three moves ahead. Those same principles guide his approach to every case today.

Over the years, he has earned notable recognition, including:

• Selected for Super Lawyers (2024 – 2026).
• Best Injury Lawyer in Columbia, Inside Columbia Magazine (2025).
• Top 10 Car Accident Lawyers in Columbia, Trust Analytica (2024).
• Best Car Accident Lawyer in Columbia, Expertise.com (2023).
• The Nation’s Top One Percent of Attorneys, National Association of Distinguished Counsel (2015).
• Top 100 and Top 40 Under 40, The National Trial Lawyers (2014).
• Superb (10/10) Rating, Avvo (2012).
• U.S. Army Commendation Medal.

Reviews, testimonials, and professional recognitions can offer helpful insight when selecting legal representation. Tyson Mutrux has built a respected reputation throughout Missouri and Illinois.

Reflecting his dedication to helping injured individuals pursue fair compensation. His careful approach to each case, clear communication, and commitment to client service are also reflected in many positive reviews shared by clients on Google.

You can also connect with us directly on Google to see reviews, updates, and more:

Mutrux Firm Injury Lawyers – St. Louis

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We serve clients across Missouri and Illinois, with dedicated offices in St. Louis and Columbia.

Contact Mutrux Firm Injury Lawyers Today

Whether you’re cruising through St. Louis, Columbia, or across the river in Illinois, your safety is our priority. If you’ve been hurt, don’t wait for the insurance company to act. As your dedicated Missouri car accident lawyer, we provide a Free Case Investigation to jumpstart your recovery.

Start Your Claim Now at 888-985-5820