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Will My Case Go to Trial?

A common concern of accident victims is whether their case will go to trial.

While the vast majority of personal injury cases are settled without the necessity of litigation, the possibility of a case going to trial always exists. If a trial is necessary, it’s often for one of the following reasons:

The other party’s attorney, often assigned by their insurance company, believes that you and your lawyer have asked for more money than the claim is worth, or that they are willing to voluntarily pay.

Will the fact that I was not wearing a seatbelt affect my case?

THE QUESTION: I was in a car acccident and suffered injuries and property damage. The insurance adjuster asked me if I was wearing my seatbelt during the accident, but the wreck was not my fault. Will the fact that I was not wearing a seatbelt affect my case? 

Should I give a recorded statement to the insurance company?

You should never give a recorded statement to an insurance company without first consulting an attorney. Following an automobile accident, you are dealing with a flurry of medical bills and repair decisions on your vehicle. Speaking with an insurance adjuster or company representative may seem like another routine part of the process, but it is not.

Will my case go to litigation? What could cause that?

Without prior experience, it is difficult to know what to expect if you are a part of a personal injury case. Each case is different, and each case has its own set of twists and turns. A good attorney is a necessity to navigate the process. For more information, contact our law firm.

How is my attorney paid?

Among the questions that come up when considering hiring an attorney, one of the first that comes to mind is “how will I afford this?”

What can I expect from my attorney? What will he or she do for me?

If you have been in an accident, or the victim of another person’s neglect, you may be entitled to compensation under the law. However, a personal injury case is never a simple matter, and it takes the expertise of experienced attorneys to understand the complexities of the process.

Don't Post Injury Status to Social Media

Can I post pictures and other information about my injuries and my car on social media? Why?

In short, no. You should never post photos or other information about your car accident to Facebook, Twitter, or any other social media accounts.

The best answer to this question comes in the form of advice. Shut down your social media accounts immediately. Why such an extreme stance? In the case of a lawsuit, the other side can subpoena access to your accounts, even if the accounts are set to private.

The other person is at fault. Why isn’t their insurance company paying for my medical bills?

Unfortunately insurance companies don't pay bills as you incur them. Insurance companies will argue that the doctors billed unreasonably, that some of the treatment you received was unnecessary, etc. They can't fight it if they have already paid it. Also, they want to make you prove that your treatment was related to your auto accident and was not a preexisting issue for which you were already receiving treatment. Insurance companies for the negligent parties will offer one lump sum settlement at the end.

Why should I hire your firm?

  1. We are a small firm, so you get individuals that genuinely care about you and your claim, and we offer personal attention.
  2. You can reach us when you have questions and there are no stupid questions.
  3. We have trial experience, and we are not afraid to pursue a matter to litigation and through trial if we feel the insurance company is not making a fair offer.

Why do I have to use my own auto insurance if someone else caused the accident?

That is what your insurance is there for - to protect you in the event of a motor vehicle collision. There are a few different coverages you may have that could apply to a collision that was not your fault. You may have Personal Injury Protection ("PIP") benefits that are intended to pay your medical expenses up to the amount of your PIP benefits.

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