How Often Do Personal Injury Cases Go To Trial?

Most personal injury cases settle prior to trial. This goes for litigation as a whole, regardless of criminal or civil.

What Is A Deposition in A Personal Injury Case?

A personal injury deposition entails the client visiting an attorney’s office to answer questions truthfully to be the best of their knowledge and recollection. These answers may be used by either side at trial. Oftentimes treating physicians, defense doctors, and witnesses are deposed also.

What Is the Deposition Process?

In a personal injury case, one lawyer will communicate with the other lawyer to inform the attorney that he/she wishes to depose the client, physician, expert, or non expert witness. Once this communication takes place, a date and time is set for the witness to appear at the attorney’s office to answer questions.

Are You Under Oath During A Deposition?

The court clerk isn’t present to swear the witness but the witness is to testify honestly. A reporter is present and takes notes of all testimony at a personal injury deposition. These notes may be used at trial if the witness testifies differently than at the deposition. The deposition testimony may also be used at trial. A personal injury deposition is just like a court proceeding but there is no judge and no jury present.

Do Personal Injury Cases Settle After Deposition?

Personal injury cases may settle after a deposition. After being deposed, the offer may increase. Personal injury cases may settle at any time before the jury or judge returns with a decision/verdict.

Are Personal Injury Cases Heard By A Judge Or Jury?

Personal injury cases may be heard by a judge or jury, and this decision is made based on the amount of damages. The attorney will speak with the client and select the best course of action. Jury trials tend to take longer before they are concluded and may be more costly. As such, every case may not be handled by a jury.

What Can I Do To Prepare For My Personal Injury Case Hearing?

To prepare for a personal injury hearing, the client should review their deposition testimony, answers to interrogatories (written questions sent by the other attorney to answer), treatment notes, pictures, and any other evidence that may be used at trial. The attorney will also meet with the client to prepare the client for his/her day(s) in court.

What Things Should I Do Or Not Do Prior To Litigation?

It is not prudent to discuss your personal injury case on social media. It is also advisable to maintain the treatment regimen prescribed by the physician.

Who Are Witnesses That Should Testify On My Behalf At My Personal Injury Trial?

Witnesses that may be helpful at a personal injury trial is the treating physician, witnesses to the injury itself, and witnesses to adverse effects and limitations that were caused by the injury.

How Do I Know What Questions To Expect At My Personal Injury Trial?

Your personal injury attorney will review possible questions with you prior to trial. Also, many of the questions that will be asked at the personal injury trial may have been asked in some form prior by written questions and/or at a deposition.

Why Is Making A Good Impression In Court So Important In A Personal Injury Case?

Making a good impression is essential in a personal injury case because judges and juries make decisions based on the credibility of the witnesses. The client’s demeanor and attire are always “on trial” even when the client isn’t testifying. Therefore, it is important to maintain good body language on and off the stand.

What Are the Benefits/Disadvantages Of Taking A Personal Injury Case To Trial?

The benefits of taking a personal injury case to trial is the award may be greater. The benefit of settling is the risk of the unknown is removed. Therefore, going through a year (or more) of litigation and getting a poor result won’t occur.

For more information on Personal Injury Trials In Maryland, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (800) 400-2350 today.