Baldwin & Briscoe P.C.
301-862-4400
22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
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Do I have go to court if I’ve been injured?

 

Here at Baldwin, Briscoe & Steinmetz, P.C., we do a significant amount of personal injury work.  We represent clients in various types of injury cases, most typically car accidents and slip and fall cases.  One of the questions that frequently arises is whether or not our client will have to go to court in order to recover for their injuries. 

In almost every case, the answer we give is that we don’t know whether or not you’ll have to go to court to recover compensation for your injuries.  While the majority of cases will settle prior to trial, there are some cases where it is simply impossible to get fairly compensated without going to trial.

A number of factors can influence whether or not your case will go to trial.  These can include disputes over liability – who caused the accident? – and over damages – how badly were you injured and are your injuries causally related to the accident?  When liability is seriously disputed, then the case will very likely go to trial.

While it is true that the majority of cases settle prior to trial, in most cases we do end up filing a lawsuit.  Once a lawsuit has been filed, it can be months before your case goes to trial. In some cases, our clients have to wait a year or more.  The reason for the delay between filing suit and going to trial is primarily because of the discovery process.  The discovery process allows the plaintiff and defendant to exchange information about the case, such as who the witnesses will be and what evidence will be offered at trial. 

As the discovery process plays out, both sides will learn more about their opponent’s cases, and in many instances, will learn more about their own case.  What is learned in discovery will affect the value of the claims.  Typically, the value of a personal injury case will increase as it gets closer to trial.  In most cases, the “settlement value” of a personal injury claim will be at its highest right before, or even during, the trial.

The decision whether to settle the case is always up to the client.  We give guidance along the way based on our experience and our expectations if the case goes to trial, but we can only predict what will happen based on past results.  We cannot guarantee any type of result.

In some cases it makes good sense to settle your case before trial.  We try to provide a settlement range for your case at the time that we make a settlement demand, usually prior to filing a lawsuit on your behalf.  If an offer is made within the settlement range, it may be a good idea to accept the offer.  If no offer is made within the settlement range, we usually advise pursuing the case to trial.

In cases where there is disputed liability, there may not be a settlement offer.  In those cases, the answer is yes, you will have to go to court if you’ve been injured and wish to recover.  In cases where liability is undisputed, or not seriously disputed, we can often settle the cases without going to trial.

Our willingness to take a case to trial, even when liability is in dispute has earned us a good reputation.  Insurance companies know that when they get a demand from us, that we will work hard to pursue our client’s objectives.  We don’t like to leave money on the table, if we can recover it for our clients.

Besides, going to trial is not as scary as it sounds when you have an experienced trial attorney advocating for you.  While you likely will not have to go to trial, being ready, willing and able to do so will help you secure a better settlement in most cases.

Before your trial, we will fully prepare you for court.  You’ll come in and meet with the attorney that is handling your case and practice your testimony.  We’ll explain to you what to expect in court and how the process works.  When you testify in court, you’ll have already gone through questions with your lawyer in advance, so there won’t be any surprises. 

We cannot say for sure what question the defendant’s attorney will ask, but we can address potential issues in your case that you might be asked about.  We can address specifics of your case with you when we meet to prepare for trial.

In our experience, many clients are able to achieve better results after a trial than they could if they chose to settle out of court.  In one recent case, we obtained a six-figure verdict that was more than double what was offered prior to trial. 

Going to court might be necessary in your case in order to secure the monetary compensation that you deserve for your injuries.  The only way to know is to speak to us and have your case assessed by an experienced trial lawyer.

You can read more about how car accident claims work, by clicking here.

You can read more about settling your car accident claim, by clicking here.

   

 

The information contained on this page is provided as general information and does not constitute legal advice.  The experienced attorneys at Baldwin, Briscoe & Steinmetz, P.C. can assist you if you have been involved in a motor vehicle accident.  Call today to schedule a free, no-obligation, in-office-consultation for any injury related claim.  The law offices of Baldwin, Briscoe & Steinmetz, P.C. handle accident claims in Maryland and the District of Columbia.

 

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C. also offers these services:

Bankruptcy and ForeclosureBusiness LawCivil LitigationCriminal DefenseEmployment, Disability, and Consumer RightsFamily LawGovernment Contracts LawIntellectual Property, Personal InjuryReal Estate, Social Security Disability & Workers’ Compensation and Wills, Trusts, & Estates

 

 

Contact Us

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C.

22335 Exploration Drive

Suite 2030

Lexington Park, MD 20653

301-862-4400 Phone

301-862-3009 Fax

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Our Attorneys

Samuel C.P. Baldwin, Jr., Esq.

Janice Briscoe, Esq.

Richard J. Steinmetz Jr., Esq.

David J. Hebb, Esq.

Sandra Kaufman Jonasen, Esq.


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With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.


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