In the event of an auto collision, your insurance company and your personal injury lawyer will attempt to settle the case with any other drivers involved efficiently. However, sometimes, you may need to go to court. When that happens, it is best to know what to expect so that you are fully prepared. We outline below the basic process for taking an auto accident to court.
When You May Need to Go to Court for an Auto Accident
When you hire a personal injury lawyer, they will work to investigate and gather evidence of your auto damages and personal injuries. If your lawyer and the other driver’s insurance company can reach a fair settlement, then the case is settled, and you can avoid court. However, there are a few situations which will likely require you to go to court:
- The other driver’s insurance company does not offer a fair settlement
- Despite negotiations, the insurance company won’t pay more for damages
- Both parties cannot agree on who was at fault for the collision
The Benefit of a Personal Injury Lawyer
During a personal injury case that goes to trial, both sides will be able to present their evidence. This is when your personal injury lawyer is essential, as they have the expertise to carefully prepare and present your case to the judge and jury. Simons and Goldner have tried many jury trials and bench trials throughout Maryland’s Circuit and District Courts, and will not be intimidated by insurance companies and their lawyers.
The Presentation of Evidence at Trial
Your lawyer will need to provide evidence that convinces the jury that the other driver was negligent or caused your injuries in the auto collision. Different types of evidence your lawyer can use to support your case include:
- Witness interviews
- Expert interviews, which can include a doctor who treated your injuries
- Medical records
- Accident reports
- Any other evidence demonstrating your injuries
The at-fault driver, the “defendant,” and their lawyer can cross-examine you or your witnesses, object to evidence, and present their side of the incident. After both sides have presented their case, the judge or jury deliberates on a decision.
Jury Deliberation
In Maryland, small cases are decided by District Court Judges, while more significant cases are decided in Circuit Courts by jurors. Injury claims are considered civil cases rather than criminal cases. Civil cases are more intent on helping the victim recover losses rather than finding a party guilty and administering punishment. If a jury is required for your civil case, they will decide:
- Who was at fault for the collision
- How much money the insurance company should award you
If your case goes well, you should get a sufficient settlement for your damages. Most lawyers will not take a case to trial unless they think your case is powerful enough to win. If you have questions about your case, however, you should consult with your personal injury lawyer.
Let Simons & Goldner, P.A. Represent You
Simons & Goldner, P.A., located in Lutherville, MD, consists of two partners, Stevan G. Simons and Richard H. Goldner practicing primarily in personal injury, medical malpractice, Worker’s Compensation, and criminal law. The partners come with decades of experience assisting clients injured by the negligence of others or injured on the job. We serve clients in the Baltimore, Towson, Essex and Dundalk area and work closely with our clients to ensure that your case moves quickly and efficiently and that you get all the benefits to which you are entitled.
Initial consultations are available by phone or in-person and are free of charge. Contact us now to schedule a consultation, or call us today at 410-296-3110. Follow us on Facebook, Twitter, Pinterest, and LinkedIn for advice and updates.