Most car accident claims are settled out of court—and for good reason. Trials are time-consuming, expensive, and emotionally taxing. But sometimes, settling is not the right move—especially when the insurance company undervalues your injuries or outright denies your claim.

At AK Injury Law Firm, we believe in smart strategy over blind aggression. Led by Dr. Azadeh Keshavarz, a former chiropractor turned powerful personal injury attorney, our team evaluates every case not just for what it’s worth—but how it can be won. And sometimes, that means going to trial.

So, when should you settle? And when is trial your best path to justice?

Let’s break it down.

The Settlement Process: Fast, Private, and Common

Settlements are negotiated agreements between the injured party and the insurance company (or defendant) to resolve the case without going to court. Most personal injury claims settle because:

• They’re faster than trials
• They’re less costly
• They allow both parties to avoid the unpredictability of a jury

However, convenience should never come at the cost of fairness. And that’s where many accident victims make their first mistake—accepting too little, too soon.

Why Do So Many Lawyers Push for Settlements?

Some law firms settle nearly all of their cases, regardless of merit or strategy. Why?

• They lack trial experience or courtroom confidence
• Trials require more time, staff, and preparation
• Quick settlements mean quicker attorney fees
• They assume you, the client, don’t want to go to trial

But AK Injury Law Firm is different. We prepare every case as if it’s going to trial. Why? Because it gives us leverage in negotiations—and because some cases truly need to go to court to get the compensation our clients deserve.

The Insurance Company’s Game: Delay, Deny, Underpay

Insurers are not on your side. Their goal is to minimize payouts, and they use a variety of tactics to do just that:

• Delaying claims to wear you down
• Denying legitimate injuries
• Offering lowball settlements, especially early on
• Blaming you for the accident (even partially)
• Disputing the extent or cause of your injuries

In these scenarios, settlement is not a resolution—it’s a surrender.

At AK Injury Law, we don’t play their game. We build strong, fact-driven cases backed by medical knowledge, strategic arguments, and a readiness to fight in court if that’s what it takes.

When Should a Car Accident Case Go to Trial?

While every case is unique, there are clear indicators that going to trial may be the better path:

1. The Insurance Company Refuses to Offer a Fair Settlement

If the insurer is offering a fraction of your case’s worth, trial becomes the smart response. For example:

• Your medical bills total $60,000
• You’ve missed months of work
• You’re suffering ongoing pain and trauma
• But the insurer offers $30,000 to settle

This is not negotiation—it’s exploitation. And we don’t accept it.

By taking the case to trial, we put the decision in the hands of a jury, not an adjuster looking at a spreadsheet.

2. Liability Is Disputed

If the other driver denies fault—or worse, tries to blame you—a trial may be necessary to prove what really happened. This is common in:

• Intersection accidents
• Multi-vehicle pileups
• Rear-end collisions where the lead driver stopped suddenly
• Motorcycle or pedestrian accidents

In these situations, we use:

• Crash reconstruction experts
• Eyewitness testimony
• Dashcam or surveillance footage
• Cell phone data
• Police reports

Our founder, Dr. Keshavarz, combines her medical knowledge and courtroom skill to show why your injuries happened, how they happened, and who is truly responsible.

3. Your Injuries Are Severe or Permanent

High-damage cases often require trials because:

• The insurance company wants to avoid setting high precedents
• They doubt the extent or permanence of your injuries
• They suspect you’ll accept less out of desperation

But serious cases—like spinal injuries, traumatic brain injuries, or long-term disability—demand serious compensation.

At AK Injury Law, we don’t fold under pressure. We bring in:

• Medical specialists
• Economists to project future loss
• Vocational experts
• Lifecare planners

This level of preparation positions us to present a compelling, strategic case to a jury when the insurer refuses to step up.

4. You’re Being Blamed for Your Injuries (Comparative Negligence)

In California, your compensation is reduced based on your share of fault. Insurance companies love using this to shrink payouts.

They may say:

• You were speeding
• You weren’t wearing a seatbelt
• You were distracted
• You didn’t seek treatment soon enough

When blame is being unfairly placed on you, trial becomes the platform to clear your name and protect your claim. We build counter-narratives using:

• Expert medical opinions
• Precise timelines
• Photo and video evidence
• Witness corroboration

We know how to dismantle insurer narratives—and convince juries to see the real story.

5. Bad Faith by the Insurance Company

If the insurance company is acting in bad faith, meaning they:

• Deny claims without justification
• Refuse to communicate
• Alter or hide evidence
• Lie about coverage terms

…then a lawsuit and trial may be necessary—not just to recover your damages, but to hold the insurer accountable for their misconduct.

At AK Injury Law, we know the difference between a tough negotiation and a dirty game. We pursue bad faith claims aggressively when insurers cross the line.

What to Expect if Your Case Goes to Trial

Trial Timeline:

• Filing the lawsuit: Complaint and response
• Discovery: Gathering documents, depositions, evidence
• Motions and hearings: Legal arguments before the judge
• Trial: Jury selection, opening arguments, witness testimony, closing, and verdict

This process can take months or even a year or more, depending on the complexity of the case and court availability.

But when the stakes are high, and the other side won’t budge, it’s worth the time to get what you truly deserve.

The Strategic Edge: Why AK Injury Law Is Built for Trial

Most personal injury firms settle because they can’t—or won’t—go to trial. That’s where we’re different.

Dr. Azadeh Keshavarz isn’t just an attorney—she’s a former doctor of chiropractic who understands your injuries from the inside out. Her unique background allows us to:

• Interpret and present medical records clearly
• Counter deceptive injury arguments from the defense
• Build evidence that resonates with both judges and juries

And because we approach every case with a trial mindset, insurance companies know we’re not bluffing.

That pressure alone often leads to better settlement offers—but when it doesn’t, we’re already prepared to take your case to court and win with strategy, not just strength.

What You Risk by Settling Too Soon

Accepting an unfair settlement means:

• You can’t come back later if your condition worsens
• You may have unpaid medical bills
• You’ll face lost wages or future earning potential alone
• You leave pain and suffering uncompensated

Worse, you’ll carry the burden of knowing you let them win—not because you were wrong, but because you were rushed, misled, or afraid to fight.

At AK Injury Law, we don’t let that happen. We empower our clients with clear information, options, and a plan designed to win.

How We Can Help

At AK Injury Law Firm, we believe that not every case should go to trial—but every case should be prepared as if it might. That mindset gives you leverage, power, and protection.

Founded by Dr. Azadeh Keshavarz, a former doctor and now one of San Diego’s most strategic personal injury attorneys, our firm doesn’t just fight—we Outthink. Outfight. Outwin.

We evaluate your case thoroughly and tell you the truth:

• When a settlement is smart
• When a trial is necessary
• And how we’ll win—either way

We’ve stood up to the biggest insurance companies in California and delivered life-changing results for our clients.

If you’ve been injured in a car accident and you’re being lowballed, blamed, or ignored—contact us today. Let us build a custom, strategic legal plan that puts you in the strongest possible position to win.

Schedule your free consultation now.
You focus on healing. We’ll handle the rest—with precision, passion, and power.