For many Missouri motorcyclists, the aftermath of a crash is a blur of medical appointments, repair estimates, and insurance phone calls. Amidst the physical recovery, one question often looms large: Will I have to go to court?
At Henry, Williams & Kinder, P.C., we understand that the thought of a trial after a motorcycle accident can be intimidating. You’ve already been through a traumatic event; the last thing you want is a long, drawn-out legal battle. The good news is that the vast majority of motorcycle accident cases are resolved through a settlement before they ever reach a courtroom. However, understanding why some cases settle and others go to trial is key to protecting your future.
Why Most Cases Settle
A settlement is a voluntary agreement where the insurance company pays you a specific amount of money in exchange for you dropping any further legal claims. Most parties prefer this route for several reasons:
Speed: Settlements provide much-needed compensation in months, whereas a trial can take years.
Certainty: You know exactly how much you are receiving. In a trial, there is always a risk that a jury could award less or nothing at all.
Privacy: Settlement details are often confidential, while trial records are public.
Lower Costs: Avoiding a trial saves on court fees, expert witness expenses, and extensive litigation costs.
When a Trial Becomes Necessary
While settling is often the goal, it isn't always the best option. A trial typically happens when the insurance company refuses to be reasonable. Common reasons to take a case to a Missouri jury include:
Disputed Liability: If the other driver claims you were at fault (or partially at fault under Missouri’s pure comparative negligence laws), and the evidence is on your side, a trial may be necessary to prove the truth.
Lowball Offers: Insurance companies often try to minimize payouts. If their "final offer" doesn't cover your long-term medical care, lost wages, and pain and suffering, we may recommend fighting for a higher verdict.
Catastrophic Injuries: Motorcycle accidents often result in life-altering injuries. When the stakes are high, the insurance company may fight harder to avoid a large payout, leaving trial as the only path to full justice.
The Missouri Litigation Process
If your case does move toward trial, it doesn't mean you’ll be in court tomorrow. The process involves several steps:
Discovery: Both sides exchange evidence, including medical records, police reports, and witness depositions.
Mediation: Missouri courts often require a neutral third party to help both sides reach an agreement. Many cases settle during this phase.
The Trial: If mediation fails, your legal team presents your case to a judge or jury, who will then determine the final award.
You Don't Have to Decide Alone
Deciding whether to accept a settlement or head to trial is one of the most important choices you will make. It requires a deep understanding of Missouri law and a realistic assessment of your case's value.
At Henry, Williams & Kinder, P.C., we have over 80 years of combined experience advocating for injured riders in Missouri. We prepare every case as if it’s going to trial, which often gives us the leverage needed to secure a fair settlement without ever stepping foot in a courtroom. If you’ve been injured, let our family help yours.
Contact us today at (800) 526-1949 for a free, no-obligation consultation to discuss your rights and your path forward.
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