QUESTION
Am I going to have to go into court for accident personal injury? How?
Asked on Jun 04th, 2015 on Personal Injury - Michigan
More details to this question:
A commercial truck driver injured me when he ran his stop sign. This happened on 7-14-2013. Nothing has happened since with insurance. I even had to do an outpatient hospital program. Even if I get a lawyer, would I have to go into court myself to testify?
16 ANSWERS
Edwin K. Niles
You can't expect the insurance co. to reach out to you; the adjuster's job is to pay as little as possible. If they can keep quiet for another month the statute of limitations will have expired, and they will be home free! Retain an injury lawyer NOW. You only have until 7-14-2015.
Answered on Jun 05th, 2015 at 7:08 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If you do nothing, the statute of limitations will expire, and you will lose the case. The time you have to start a law suit varies from one state to another. In New York, the limit is 3 years from the date of the accident. In New Jersey, you have 6 years to sue for damages to your property (car, for instance) but only 2 years to sue for personal injuries. So, if you wish to be compensated for your economic losses, medical expenses, and injuries, you better stop waiting for the insurance company to take care of our interests voluntarily. And if you cannot make them do what they should have done by now, hire a specialist - a personal injury attorney. But do it right away, because, once the deadline for starting a law suit is passed, no attorney in the world will be able to help you. If, for any reason, testifying in court is not an option for you, consider that many personal injury cases get resolved even without filing an action in the court when the insurance company realizes that there is an attorney representing the injured party and the case will go to the court if the insurer does not offer a reasonable resolution. Vast majority of the cases that do get filed with the court are settled before trial. And, even if your case will proceed to a trial, you might ask your attorney to structure the case in a way that you would not have to testify (it will make his job harder, but, likely, not impossible)
Answered on Jun 05th, 2015 at 2:35 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You need to retain a lawyer ASAP. If the accident happened in California, the statute of limitations runs in 5 weeks on 7/14/15. If you do not settle or file a lawsuit on or before that date, you lose all rights to collect on this case. 95% of cases settle before trial, so testifying in court is only a 5% chance. If you get a lawyer, the case will likely settle at some point. We handle auto accident cases all over the state of California and would be happy to discuss this case with you.
Answered on Jun 05th, 2015 at 2:02 PM
Thomas Edward Gates
You need an attorney if your expect to win. 90% of cases settle without going to trial.
Answered on Jun 05th, 2015 at 1:01 PM
Ronald A. Steinberg
Keep waiting and do nothing. Then for certain you will "blow" the Statute of Limitations. Don't be foolish; get a lawyer.
Answered on Jun 05th, 2015 at 11:53 AM
James Eugene Hasser
Maybe, but probably not. Most cases settle. Seriously consider consulting an experienced injury lawyer. Good luck.
Answered on Jun 05th, 2015 at 11:31 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First, testifying in court is not so difficult: it's easier than a visit to the dentist, especially if your lawyer does his/her job properly and gives you some preparation (which should not take more than 45-60 minutes: perhaps less). Most cases settle before trial but in many small claims cases, they often settle just before trial, so you have to prepare. Don't worry about it. Remember that you were there; you know the truth; and the lawyer will help you tell that truth in the most helpful was. Important: the statute of limitations for negligence i a very strict 3 years, so you should probably consult a lawyer very soon. Good Luck.
Answered on Jun 05th, 2015 at 11:12 AM
Lisa Hurtado McDonnell
90 percent of personal injury case settle, so you probably would have to go to court. It really easy to show liability and court cost just add to the cost of settling. The insurance company would prefer to settle if your settlement request is reasonable.
Answered on Jun 05th, 2015 at 11:02 AM
1 Award
You would only have to testify in court if the case did not settle, as most personal injury cases do. Keep in mind that a lawsuit will have to be filed within three years of the date of the accident.
Answered on Jun 05th, 2015 at 10:40 AM
The time within to file a lawsuit to preserve your right to potential recovery is quickly approaching. Retain an experienced personal injury attorney as soon as possible. Most cases settle before trial.
Answered on Jun 05th, 2015 at 7:40 AM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Hi, you need to speak with an attorney immediately. You need to either settle or sue your case within 2 years of the accident, or by 7/13/15.
Answered on Jun 05th, 2015 at 7:40 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Most cases settle. Many times, we don't even have to file suit papers. But the only way to prepare for settlement is to prepare for trial. You can't do that without a lawyer. That is why you have gone nearly two years with nothing happening.
Answered on Jun 05th, 2015 at 7:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you have significant injuries you should most definitely engage in an attorney.
Answered on Jun 05th, 2015 at 12:43 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I have no idea whether your case is worth employing a lawyer except to help you with Small Claims Court. Talk about testimony is grossly premature and not one of your primary considerations at this point if ever. Get yourself a free case evaluation from a personal injury attorney to see if you should pursue your claim with a lawyer assisting towards Small Claims Court as needed or taking over your entire case.
Answered on Jun 05th, 2015 at 12:43 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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First, hurry up. If you do not file a lawsuit by the second anniversary date of your accident you will forever be barred by statute of limitations .
Answered on Jun 05th, 2015 at 12:37 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You can make your own claim and deal with the at fault truckers insurer to see if the matter can be settled, or you can hire counsel to represent you and make the claim. Typically it makes sense to hire a lawyer who likely will be able to better present your case and will better know the value of same, but you do not have to hire a lawyer. I am speaking about an out of court, pre-suit, attempt to negotiate and settle. In such an instance, you do not go to court to testify. If you decide to file suit, either in your own name while representing yourself, or through counsel, it is likely that the defense attorney will want you to answer questions about the incident and your damages/injuries in a deposition. If the case is not settled before trial, you would need to testify at the Trial. It is not required you testify in court, but it would probably be difficult to prove many of the elements of your case without you testifying. Also, how would the jury know who you are or get a feel for whether they wanted to award you damages if you didn't testify? Your matter sounds like one in which you should do yourself a favor and go see a local lawyer who regularly handles motor vehicle crash cases and let them advise you of the possible outcomes based on the specific facts of the incident and your injuries.
Answered on Jun 05th, 2015 at 12:31 AM