QUESTION
Why is my rear end collision case going to trial?
Asked on Jul 20th, 2013 on Personal Injury - Ohio
More details to this question:
I was rear ended about a year and a half ago. The repair bill to fix my car was approximately $5000. I eventually attended physical therapy to treat neck, back and shoulder injuries. I hired a lawyer and attended a deposition a few months ago. Yesterday I received a letter stating the case was going to trial. All along, my lawyer assured me this would not happen. What is the likelihood I will enter a courtroom? I did not seek medical attention immediately after the accident, but took action after my injuries did not improve. I've been informed this may be part of the problem. Still, my lawyer has not told me what amount they are seeking. Is it possible they are asking for too much money?
11 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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This question was lost on my computer for 2 weeks. Sorry. if your medical care was not immediate that raises questions with insurance companies. How does the dr or the co know what caused your injury. that is your problem. Your case is compromised somewhat but is still worth something. Trust your lawyer and ask him to inform you what is going on.
Answered on Aug 02nd, 2013 at 11:50 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In general, Michigan law requires you prove that the other driver/owner were negligent in causing the crash, that you have suffered a serious impairment of a body function and that the crash caused that impairment. It is typical for auto insurers to vigorously defend, and often go to trial on, cases where the injuries are either not clear cut, not clearly related to the crash or arguably are not serious.
Answered on Jul 25th, 2013 at 11:50 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The only person who can answer your question is your lawyer. This is one of the reasons you have a lawyer. I could probably come up with five possible likely reasons your case could go to trial but that would only be a guess, and guesses don't do you any good. While I appreciate your reaching out to this panel, it really doesn't make sense to ask lawyers who don't know you, don't represent you, haven't seen your file and who know nothing about your case other than a few sentences to answer questions that require a detailed knowledge of your particular situation.
Answered on Jul 25th, 2013 at 11:50 PM
Ronald A. Steinberg
The defense is contesting either fault or damages.
Answered on Jul 25th, 2013 at 11:50 PM
James Eugene Hasser
Sit down and talk with your lawyer about this. Without knowing more details, it is impossible for me, or anyone to answer your questions. They are best answered by your lawyer. Good luck.
Answered on Jul 25th, 2013 at 11:50 PM
Thomas Edward Gates
Your case is awful small in value, so I am surprise it has not settled. Most cases settle before going to trial. This includes, walking up the steps of the court house the day of trial. Your attorney should be keeping you informed of the negotiations. A concern is that the other party paid for a deposition. So, the other party have have committed themself to go to trial.
Answered on Jul 25th, 2013 at 11:50 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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If your lawyer guaranteed you would not have to go to trial, he was being irresponsible, at least. No Plaintiff's lawyer in a personal injury case can guarantee you won't have to go to trial, because the only way your case won't go to trial is either if you settle it or dismiss the case entirely. The lawyer cannot be sure the defendant's lawyer and/or insurer will agree to settle for any amount whatsoever. It's impossible to know whether your lawyer is asking for too much to settle your case without knowing a lot of details. It is true that details of your case may make settlement more difficult or impossible, including a long gap between the accident and the first medical treatment.
Answered on Jul 25th, 2013 at 11:50 PM
4 Awards
I suggest that you ask your lawyer since he has the most knowledge concerning your case. Any answer that I or someone else would give you would be speculation.
Answered on Jul 25th, 2013 at 11:50 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Since you already have an attorney, you should make an appointment to meet with him/her and discuss this issue.
Answered on Jul 25th, 2013 at 11:50 PM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
It all comes down to what they are willing to pay and what you are willing to accept. Sometimes these cases go to the courthouse steps. Go see your lawyer in person and insist on knowing the amount of the demand and any offers by the insurance company.
Answered on Jul 25th, 2013 at 11:50 PM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
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Robol Law Office LPA
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It's going to trial because you haven't authorized your counsel to settle. Your counsel has an obligation to keep you updated on settlement negotiations. You should request in writing that you be kept updated on all settlement offers.
Answered on Jul 25th, 2013 at 11:49 PM