I have a personal injury lawsuit in New Hanover County. Will I actually have to appear in court for my truck accident case?
Maybe, maybe not.
Almost all motor vehicle accident lawsuits are settled out of court. A civil trial can be so expensive—and the risk of a huge jury verdict so uncertain—that eventually the insurance company or the defendant in a North Carolina truck accident lawsuit will make an attractive settlement offer. They decide that the certainty of a final agreement is worth the money they offer.
One rule of thumb is that only about five percent of personal injury suits go to trial.
The lawsuits that defy that rule tend to be those involving the most serious injuries—and, consequently, involve the highest values when the case is resolved. In this instance, the plaintiff is often willing to reject fairly large settlement offers because the case seems so strong and the injuries so severe; the plaintiff and his attorney believe that a sympathetic jury would be willing to award large damages to their side.
This is relevant to your case because truck crashes tend to involve more severe injuries than other North Carolina auto accidents. Trucks are heavy vehicles, and their kinetic energy and momentum can cause devastating harm in a collision. Now, it’s true that we don’t know many of the details of your case, and specific details are crucially important in any lawsuit. But, in the most general terms, you are probably more likely than the typical injury case to go on to trial.
Remember that, even after a trial begins, the two sides can still reach a settlement agreement. Indeed, many cases are settled during the course of a trial.
If your attorney is uncomfortable in a courtroom and prefers to settle cases, the opposition attorneys will know that. They will offer a lower settlement amount because they know your lawyer is unlikely to call their bluff. Your interests are best served by a confident attorney who isn’t afraid to challenge the opposition in the courtroom.
From the way you phrased the question, it sounds as if you’re not comfortable with the idea of having to testify in your own case.That’s okay. A good attorney will have plenty of time—and the necessary skill—to prepare you for a poised appearance as a witness if that proves to be required. Your lawyer isn’t going to force you to take the stand; as the plaintiff in the case, you get to make all the key decisions. However, your attorney should be able to help you prepare for testimony if the case goes that far.
That’s also why you should consider the Speaks Law Firm as your legal representatives. The Wilmington truck accident lawyers at our Wilmington office are equally at home in the conference room and at the courthouse. We’ll tell you frankly when we think a settlement offer is too low or if a jury trial is a bad idea, but as the client you are the boss.
We will pursue your personal injury claim with vigor until we get you the best compensation offer available for your medical expenses, disability, lost income, and suffering. Give us a call today at 910-341-7570 (locally) or 910-341-7570 (toll-free). We can set up a free consultation on your case to answer all your questions.
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