What Happens If Your Tempe Car Accident Case Goes to Trial?
Most Tempe car accident claims settle out of court. But when negotiations stall—or when the insurance company refuses to take your injuries seriously—your case may end up in a courtroom. If that happens, it’s natural to feel overwhelmed. Trials are unfamiliar territory for most crash victims. But with the right legal strategy, going to court can be the clearest path to full compensation.
If you're navigating the aftermath of a crash and wondering whether trial is on the table, Tempe Car Accident Attorney can help you understand what to expect at every stage of the process.
Why Some Tempe Car Accident Cases Go to Trial
While most injury claims settle through negotiations, a trial becomes necessary under certain circumstances. Insurance companies may dispute liability, argue your injuries aren’t as serious as you claim, or flat-out deny fault. If you're dealing with a distracted driver crash or a hit-and-run, those liability questions become even more complicated.
This is particularly common in areas like North Tempe, where multi-vehicle crashes or busy intersections often lead to conflicting witness accounts. When settlement talks stall, your attorney may recommend filing a lawsuit to push the case forward.
Pre-Trial: What Happens Before the Courtroom
Before any trial begins, there’s a phase known as discovery. This is where both sides exchange evidence, interview witnesses, and prepare for court. Medical records, accident scene photos, police reports, and expert testimony all come into play. If your injuries involve long-term harm—like a spinal cord injury or TBI—your lawyer will likely bring in medical experts to explain how the injuries have altered your life.
Discovery can take weeks or even months. During this time, additional opportunities for settlement may arise. But if both sides remain far apart, your case moves toward trial.
The Trial Process: Step by Step
When your Tempe accident case goes to trial, the process follows a structured path:
Jury selection: Attorneys for both sides help choose impartial jurors.
Opening statements: Each side outlines their case.
Presentation of evidence: Witnesses testify, medical experts explain injuries, and crash reconstructions may be shown.
Cross-examination: Each side challenges the other’s evidence.
Closing arguments: Final summaries are given.
Jury deliberation: The jury reviews the facts and reaches a verdict.
Depending on the complexity, your trial may last one day—or stretch into a full week or more. For example, a T-bone collision involving disputed fault may require extensive testimony from crash experts and multiple witnesses.
What a Jury Will Consider
Juries are tasked with deciding who was at fault and how much compensation the victim deserves. They evaluate:
Who caused the crash and whether negligence was involved
Whether your injuries were directly caused by the crash
The credibility of your testimony and your supporting witnesses
The extent of your financial and emotional damages
In a DUI crash case, for instance, a jury might find that the at-fault driver showed gross negligence. That opens the door for punitive damages on top of your medical bills and lost wages.
Will You Have to Testify?
Yes—if your case reaches trial, you’ll likely testify. But your attorney will prepare you extensively beforehand. This is your opportunity to share your side of the story: how the accident happened, what you experienced during and after the crash, and how your injuries have affected your life.
If the crash occurred in Downtown Tempe, your familiarity with the area may help paint a clearer picture of how the wreck unfolded. Juries often respond well to honesty and clarity—just focus on the facts and speak from personal experience.
Can You Still Settle During Trial?
Yes. Even once the trial starts, settlement is always possible. Sometimes the threat of an unfavorable jury verdict motivates the insurance company to offer a better settlement mid-trial. This is especially true if damning evidence is introduced—such as text records from a distracted driver or traffic cam footage of reckless behavior.
How Long After Trial Until You Get Paid?
If you win your case, compensation doesn’t always arrive immediately. There may be a brief delay while post-trial motions are handled, or the opposing side decides whether to appeal. Once finalized, you’ll receive a settlement check or court-ordered judgment payout.
Cases involving paralysis injuries or long-term care plans may also involve structured settlements rather than lump sums, depending on how the judgment is framed.
Should You Be Worried About Going to Trial?
It’s perfectly normal to feel anxious about the idea of testifying or appearing in court. But you won’t be going through it alone. A skilled trial lawyer prepares you thoroughly, handles legal filings, cross-examines witnesses, and fights to ensure you’re portrayed fairly.
And keep in mind—filing a lawsuit doesn’t mean you’re being greedy. It means you’re asserting your right to recover from someone else’s negligence. Whether your crash happened in South Tempe or a quiet neighborhood like Meyer Park, you're entitled to justice.
Final Thoughts: Why Trial Isn’t Always a Bad Thing
Trials are not the norm—but they’re not something to fear. If your case can’t be resolved through settlement, going to court may be the only way to recover full compensation for everything you’ve lost. Some of the most successful injury verdicts in Arizona history started as stubborn, lowball insurance offers.
If you think your case may be headed to trial—or if you're tired of the insurance company dragging its feet—reach out to our team. We also provide access to Arizona legal resources that can help you prepare mentally and legally for the road ahead.
