Do I Have To Appear In Court In My Personal Injury Case?
By Amanda K. Dobies, Esq.
Prospective clients seeking legal representation often ask whether they will need to go to court if a personal injury claim is pursued. Injured victims hesitate to seek legal representation because of the fear of being forced into a court room. Do not let the fear of court appearances deter you from pursuing a claim and hiring an attorney to represent your interests. This apprehension could prevent you from receiving the deserved compensation for your injuries caused by a careless driver.
It is a common misconception that lawsuits and court appearances are required if a claim is pursued; however, injury claims do not routinely necessitate lawsuits. Often, the claim is resolved with the insurance company before a lawsuit is filed. The claim is resolved through negotiation between your attorney and the insurance company for the at-fault party.
Lawsuits are often expensive, time-consuming for the client, and adversarial in nature. For these reasons, clients typically wish to resolve outside of the court room. If the settlement offer is fair and reasonable, then a client may prefer to accept the offer rather than proceed to trial.
If a fair settlement cannot be reached, then your attorney will recommend filing a lawsuit. Other situations that require litigation are cases involving disputed liability (a disagreement on who is at fault for the accident) or complex matters involving multiple defendants and insurance companies. However, even if a lawsuit is filed, then most cases pursued in the Superior Court are still resolved prior to trial. Trials are scheduled a year or two after the lawsuit is filed with the court, so there are alternative methods that can be used to settle the matter, such as arbitration or mediation. Typically, trial is a last resort due to its unpredictability, costs, and time consumption.
Remember, you are in control of your case. Your attorney will discuss pros and cons and make recommendations. The client makes the ultimate decision. If the client wants to avoid the courtroom at all costs, then the attorney can typically make that happen. If the client wishes to proceed to trial and put their case in the hands of a twelve-person jury, then your attorney will be a fierce advocate on your behalf.
Selecting a competent personal injury attorney is important when it comes to prompt resolution of your case. Proactive personal injury attorneys work on your case from the very beginning, which help resolve the matter promptly. It is advised to conduct thorough research prior to selecting your attorney, such as reading Google reviews or reviews on social media. You can also schedule a free consultation to ensure that the attorney is a good fit.
While the possibility of going to trial exists, most personal injury claims are resolved through settlements out-of-court.
A consultation at our firm with another attorney, or me, is free, confidential, and can be done over the phone, via Zoom or in person. Contact me at
302-565-6134 or [email protected]
Bio
Amanda Dobies is an associate attorney in the Newark office of Kimmel, Carter, Roman, Peltz & O’Neill, P.A. Mrs. Dobies has just under a decade of personal injury experience, focusing her practice on motor vehicle accidents and work-related accidents. Amanda is a lifelong Delawarean, obtaining her undergraduate degree from the University of Delaware and law degree from Delaware Law School, where she graduated Cum Laude.
Amanda is committed to representing individuals and families whose lives have been impacted as the result of an injury. Amanda previously worked as staff counsel for one of the Country’s top insurance companies, representing insureds through the litigation process. This insider’s perspective gives Amanda an upper hand when representing clients.
Amanda has been recognized as Best Lawyers: Ones to Watch and Delaware Super Lawyers Rising Stars.
Testimonials
“Amanda is the best attorney I’ve ever dealt with, hands down and I highly recommend her. She helped me tremendously and I was able to get what I deserved in my case without having to jump through hoops and deal with the hassle of my former employer. She shows empathy and compassion for her clients. She understands what you are going through. You won’t be disappointed, trust me!” ~ Tyrone J.
“Thank you Amanda Dobies and your team. You all were able to walk me through the steps to help with my recovery from a car accident. Your kindness and support helped to make the process smoother. I really appreciate all the work you and your team put in on my case. When I felt overwhelmed you took the time to explain things to me. Thank you again for allowing me to focus on my injury and recovery.” ~ Julie G
Kimmel Carter
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