Do I have go to court if I’ve been injured?
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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.
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.
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
The Law Offices of Baldwin, Briscoe & Steinmetz, P.C. also
offers these services:
Foreclosure, Business Law, Civil Litigation, Criminal Defense, Employment,
Disability, and Consumer Rights, Family Law, Government Contracts Law, Intellectual Property, Personal Injury, Real Estate, Social Security
Disability & Workers’ Compensation and Wills, Trusts, & Estates