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Going to Trial in a Colorado Car Accident Case
Guiding you through the insurance, settlement, and legal process after a Colorado car accident.
Understanding What Happens if a Car Accident Lawsuit Proceeds to Trial
Most Colorado car accident claims resolve through settlement negotiations before trial. However, when liability is heavily disputed, injuries are significant, or the insurance company refuses to offer fair compensation, a case may proceed through litigation and potentially toward a jury trial.
Many people have unrealistic expectations regarding how quickly lawsuits move because of television and legal dramas. In reality, serious injury litigation often takes many months—and sometimes substantially longer—to reach trial.
The litigation process may involve:
- written discovery,
- depositions,
- expert witnesses,
- mediation,
- evidentiary disputes,
- motion practice,
- and extensive trial preparation
At The Lawrence Law Firm, our experienced Colorado car accident attorney prepares every serious injury case with the understanding that it could potentially proceed to trial if necessary.
Why Some Car Accident Cases Proceed to Trial
disputed. In others, the parties may disagree regarding:
- the seriousness of the injuries,
- future medical treatment,
- causation,
- permanent impairment,
- or the overall value of the claim.
Insurance companies may also argue:
- comparative negligence,
- preexisting injuries,
- treatment gaps,
- or that the injuries are unrelated to the collision.
When the parties cannot reach a reasonable resolution, trial may become necessary.
Cases Continue Settling During Litigation
One important thing to understand is that filing a lawsuit does not automatically mean the case will ultimately go to trial.
In many situations, cases continue settling:
- during discovery,
- after depositions,
- during mediation,
- or shortly before trial.
Often, litigation simply creates additional pressure on the insurance company to reevaluate:
- liability exposure,
- medical evidence,
- witness credibility,
- and potential jury risk.
However, if the insurance company still refuses to offer a reasonable settlement, trial may become necessary.
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The Litigation Process Takes Time
After a lawsuit is filed and the defendant submits an Answer, the case moves into a structured litigation process governed by Colorado procedural rules.
Depending on whether the case proceeds under:
- Rule 16,
or - Rule 16.1 simplified procedures,
the court will impose various deadlines and scheduling requirements.
These deadlines often involve:
- mandatory disclosures,
- expert witness disclosures,
- discovery deadlines,
- mediation deadlines,
- and trial readiness deadlines.
This process is designed to allow both sides to:
- investigate the case fully,
- exchange evidence,
- evaluate damages,
- and prepare for possible trial.
Because of these requirements, litigation usually moves much slower than people expect.
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Discovery Is a Major Part of Litigation
One of the largest portions of the litigation process is discovery.
Discovery is the formal exchange of information and evidence between the parties. The purpose is to allow both sides to investigate the claims and defenses before trial.
Discovery often includes:
- written discovery,
- document production,
- depositions,
- and expert witness disclosures.
Written Discovery
Written discovery commonly involves:
Interrogatories
These are written questions that must be answered under oath.
Questions may involve:
- how the accident occurred,
- prior injuries,
- medical treatment,
- wage loss,
- insurance coverage,
- and claimed damages.
Requests for Production
These are requests for documents or evidence.
Examples may include:
- medical records,
- photographs,
- wage documentation,
- tax records,
- insurance policies,
- or social media content.
Requests for Admissions
These are formal requests asking the opposing party to admit or deny specific facts.
These requests are often used to narrow disputes before trial.
Insurance companies and defense attorneys frequently use written discovery to investigate:
- comparative negligence arguments,
- preexisting conditions,
- treatment gaps,
- and damages claims.
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Depositions Are Recorded Interviews Under Oath
Depositions are another major part of the litigation process.
A deposition is essentially a formal recorded interview conducted under oath before trial. Attorneys for both sides have the opportunity to question:
- the parties,
- witnesses,
- treating providers,
- and expert witnesses.
Depositions are often extremely important because they allow attorneys to:
- evaluate credibility,
- preserve testimony,
- identify weaknesses,
- and assess how witnesses may appear before a jury.
In a car accident case, depositions commonly involve questions regarding:
- how the collision occurred,
- injuries and treatment,
- prior accidents,
- physical limitations,
- pain and suffering,
- and the impact the injuries have had on daily life.
Expert Witnesses Often Become Important
Serious car accident cases frequently involve expert witnesses.
Experts may include:
- accident reconstructionists,
- medical specialists,
- vocational experts,
- economists,
- or life-care planners.
Expert testimony is often used to explain:
- how the collision occurred,
- future medical needs,
- permanency of injuries,
- or long-term financial losses.
Colorado procedural rules impose deadlines for:
- expert disclosures,
- expert reports,
- and expert depositions.
These deadlines are often critical parts of trial preparation.
Mediation Is Usually Required Before Trial
In many Colorado car accident cases, the parties are required to attend mediation before trial.
Mediation is a settlement conference involving a neutral third-party mediator who attempts to help both sides resolve the case voluntarily.
The mediator does not decide the outcome of the case. Instead, the mediator works with both parties to:
- discuss strengths and weaknesses,
- evaluate risk,
- and attempt to facilitate settlement negotiations.
Mediation often allows both sides to evaluate the risks, expenses, and uncertainty associated with trial. In may cases, the litigation process itself helps narrow disputes and encourages settlement discussions.
However, if mediation fails, the case may proceed toward trial.
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Trial Scheduling Can Take Time
One reason car accident lawsuits often move slowly is because trials are difficult to schedule.
Personal injury jury trials commonly last:
- three to five days,
although larger or more complicated cases may last longer.
Courts must coordinate:
- judge availability,
- courtroom availability,
- jurors,
- attorneys,
- witnesses,
- and experts.
Because of this, trial dates are often scheduled many months in advance.
Continuances and scheduling changes may also occur depending on:
- discovery disputes,
- medical developments,
- expert issues,
or court scheduling conflicts.
What Happens During Trial?
Although every case is different, car accident trials generally follow a structured format.
Voir Dire (Jury Selection)
The trial begins with voir dire, which is the jury selection process.
During voir dire:
- attorneys question potential jurors,
- evaluate possible biases,
- and select the jury that will ultimately hear the case.
Juror attitudes toward:
- lawsuits,
- personal injuries,
- insurance claims,
- and damages
can become important issues during jury selection.
Opening Statements
After the jury is selected, both sides present opening statements.
Opening statements are not evidence. Instead, they provide an overview of:
- the accident,
- the evidence,
- the injuries,
- and what each side believes the evidence will show during trial.
Plaintiff’s Case
The plaintiff then presents evidence first.
This often involves:
- witness testimony,
- medical records,
- treating doctors,
- expert witnesses,
- photographs,
- accident reconstruction evidence,
- and testimony regarding damages.
The plaintiff has the burden of proving:
- liability,
- causation,
- and damages.
Defendant’s Case
After the plaintiff finishes presenting evidence, the defense presents its case.
Defense attorneys may attempt to argue:
- comparative negligence,
- preexisting injuries,
- treatment was excessive,
- injuries were unrelated,
- or damages are overstated.
Insurance defense attorneys often focus heavily on:
- credibility,
- medical documentation,
- and causation issues.
In Colorado, juries may allocate percentages of fault between the parties under comparative negligence principles. If the injured person is found partially responsible for the collision, compensation may be reduced proportionally. If the plaintiff is found 50% or more at fault, recovery is barred entirely.
Closing Arguments
After all evidence is presented, both sides give closing arguments.
Closing arguments summarize:
- the evidence,
- witness testimony,
- liability issues,
- and requested damages.
At this point, attorneys attempt to explain why the jury should rule in their client’s favor.
The Jury Deliberates and Reaches a Verdict
After closing arguments, the jury deliberates privately and ultimately returns a verdict regarding:
- liability,
- comparative negligence,
- and damages.
The jury may:
- award damages,
- reduce damages,
- or potentially find in favor of the defense.
Because trial outcomes always involve uncertainty, settlement negotiations often continue even very close to trial.
Trial Is Ultimately About Risk Evaluation
At The Lawrence Law Firm, we evaluate every case from the perspective of:
- trial exposure,
- jury presentation,
- evidentiary strength,
- and litigation risk.
Not every case should go to trial. However, preparing cases thoroughly and understanding how juries may evaluate evidence often creates leverage throughout the settlement process.
If you have questions about going to trial after a Colorado car accident, speak with an experienced Colorado car accident lawyer to discuss your legal rights and options.
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