More than 90 percent of traffic accident claims settle out of court long before going to trial. Litigation is expensive, and both sides want to avoid the extra time and costs. However, sometimes negotiations fail because of disputes over liability and the value of the claim. It is difficult for defense lawyers to fight liability when a drunk driver caused an accident, so they turn to other strategies to reduce or avoid financial responsibility for their policyholders.
For example, the insurance company might argue your injuries are not as serious as you claim or that you have a preexisting injury, so they can justify low settlement offers. Although your case may not go to trial, if the other side refuses to offer fair compensation for your injuries, your lawyer would have to prepare your litigation case.