Will I Need To Go To Court For My Injury Claim?
Whether you’ll need to go to court for your accident claim depends on various factors, including the complexity of the case, the willingness of both parties to negotiate, and the outcome of settlement discussions. Here’s a breakdown of the different phases in a personal injury case:
- Pre-Litigation Phase: An attorney will usually attempt to settle the case with the insurance company before a lawsuit is filed. If a fair settlement offer is made and accepted in the pre-litigation phase of the claim then there will be no need to go to court. However, if a fair offer is not made, and the client is willing, a lawsuit will be filed.
- Litigation phase: When a case is unable to settle in the pre-litigation phase, an attorney will file a lawsuit and begin the litigation process. During the litigation phase, there will be pre-trial procedures, such as discovery, motions, and potentially mediation or arbitration sessions to try to reach a settlement before trial. During the litigation phase, there will be several times where the client needs to be present, such as for a deposition, or a mediation. While you will need to be present, your attorney should make sure that you are prepared for the process. While there are several court dates in the litigation phase, your attorney will be present and likely wont require that you attend.
- Trial: If a case proceeds to trial, both parties will present their evidence and arguments in court, and a judge of jury will decide the outcome. There are strategic considerations that go into play when determining if a client needs to be present for the entire trial. While some attorney’s like that their clients be present for the duration of the trial, I do not believe it to be necessary or helpful. While you may not have to be present at the entire trial, you will more than likely be called into court at some point during the trial. Again, your lawyer should have you well prepared and ready to go when you are called to the stand.
Ultimately, whether you’ll need to go to court depends on how your case progresses and whether a settlement can be reached. An experienced personal injury attorney can guide you through the process, advocate for your rights, and help you understand your options, whether that involves negotiation or litigation.
If you are looking for a Personal Injury Attorney in the San Gabriel Valley, look no further than Morales Law Firm.
