Will I have to testify if my car accident case goes to trial?

For many people, a car accident injury is their first experience with the legal system. If you were injured by another driver, you may be understandably afraid of going to court and testifying before a judge and jury. How likely is it that your attorney will need to file a lawsuit and take your case to trial if you file a claim with the negligent driver’s insurance company?

Why it Is Often Beneficial to Settle Your Auto Crash Claim Without Testifying in Court

The reality is that the majority of auto wreck cases do not go to trial, but instead are settled out of court. The chances are good that your case will settle too and that you will not have to testify at a trial or other court hearing. However, in some cases, the insurance company will not make a reasonable settlement offer. If this is your situation, your attorney may need to start the litigation process by filing a complaint and preparing your case for trial. In many cases, this investigation of your accident and trial preparation will strengthen your case and help your attorney settle your case for the compensation you deserve before your trial date.

There are a number of advantages to settling a case rather than taking it to trial. Some of these include:

  • Time. Taking a case to trial is time-consuming, and it can take a long time before your case is scheduled for trial. When you are already dealing with the stress of your health problems and loss of income, you may feel that waiting for your jury trial is a drawback and may need to put the accident behind you more quickly.
  • Expense. Trials can be expensive. You may need to pay expert witness fees, copying costs, deposition transcribing fees, and more as part of the preparation of your trial. These may be separate fees that you will owe in addition to attorney fees.
  • Risk. There is always a risk when you take a case to trial that you could lose your case or be awarded less than what the insurance company offered in settlement. No matter how strong your claim appears, there is no guarantee of the outcome if you let a judge or jury decide it.

While your case will most likely settle without the need for you to testify, the bottom line is that you should not settle your claim for less than what you are entitled to. You need an attorney who is both experienced in negotiating settlements in cases similar to yours and who is not afraid to take your case to trial if necessary.

Were you or a family member hurt in a car crash caused by a negligent driver? Call our office to schedule a free consultation with a member of our experienced legal team to discuss your options and learn of the possible compensation you could receive.