After serious accidents, many injured people face the prospect of needing money to pay their medical bills and overcome serious injuries. However, the prospect of going through a courtroom trial to seek financial accountability can be intimidating and stressful. Having a trusted legal representation helps. In fact, most personal injury cases are settled out of court without a trial. Having an experienced personal injury lawyer handle your case can reduce your stress levels and increase your chances of a favorable outcome.
Court Q&A: What Injured People Need to Know
When people consider filing a personal injury claim, they often have questions and concerns about what a lawsuit will be like and what they should do to prepare. The experienced Kentucky personal injury attorneys at Morgan, Collins, Yeast & Salyer have compiled some answers to common questions we hear when meeting with prospective clients. Our injury lawyers want to provide the information you need.
Do I have to go to court if I’m injured?
If you are worried about court after suffering an injury, the good news is that most cases do not go to trial. The vast majority of personal injury claims are settled out-of-court through negotiations with the at-fault party’s insurance company. However, you should keep in mind that negotiations with insurance companies can be challenging without legal assistance. If you have been seriously injured in Kentucky and someone else was at fault, talk with an experienced personal injury lawyer at the law firm Morgan, Collins, Yeast & Salyer about your legal rights and what to expect.
What happens if my case goes to trial?
If negotiations stall and the insurance company refuses to agree to a reasonable settlement, you may need to take legal action and file a formal complaint. You should seek legal representation. You will benefit from having an experienced personal injury attorney handle the personal injury claim and litigation on your behalf. At trial, both sides will present evidence. Witnesses may be called to testify. The judge or jury will then decide whether the defendant is legally liable for your injuries and losses. If the court finds in your favor, the court will determine the amount of compensation to award you.
What kind of evidence do I need?
The key evidence needed in a personal injury trial includes:
- Proof that the at-fault party caused the accident
- Medical records documenting your injuries
- Bills and receipts for medical treatment costs
- Documentation of lost income from missed work due to injuries
- Accident reports
- Eyewitness testimony
- Photographs of property damage
Your attorney will gather evidence to develop your personal injury case.
What should I wear to court?
You should dress professionally and conservatively for court. Men should wear a suit and tie. Women should wear a business suit or dress. Avoid casual clothing such as jeans, shorts, t-shirts, or sneakers. You want to present yourself as credible and respectable.
What can I expect on the day of my trial?
You can expect to arrive early and meet with your attorney to discuss last-minute details and preparation. The trial will likely involve opening arguments from attorneys, presentation of evidence, witness testimony, cross-examinations, and closing arguments. Your attorney will guide you through the process.
You may be asked to testify. Your attorney will prepare you for the types of questions to expect. Your testimony should be concise, clear, and factual.
What happens if I win my case?
If you win your personal injury case, the defendant will be ordered to pay the monetary amount awarded by the court. This money is meant to cover your losses, such as medical bills, lost income, pain and suffering, and loss of enjoyment of life.
Your attorney will assist in collecting the full amount you are owed. Most personal injury attorneys work on a contingency fee basis. The attorney will deduct their legal fee from the court award and give you a check.
What happens if I lose my case?
If you lose your personal injury case, you will not be awarded any compensation from the defendant. You will not owe any legal fees if your attorney works on a contingency fee basis. However, you may still be responsible for paying administrative costs to your attorney per your agreement.
Some cases that are lost can be appealed, but not all meet the criteria. Discuss appeal options with your attorney.
How can I cope with the stress of going to court?
One of the most challenging aspects of going through a courtroom trial is the emotional toll it can take. The best way to ease the stress of going to court is to have a knowledgeable personal injury attorney representing you and prepare you thoroughly before you testify. The more prepared you are, the less nervous you are likely to be.
You may also find the following tips helpful during the litigation process:
- Stay focused on your goal of fair compensation.
- Have a sound support system of family and friends.
- Maintain a positive attitude and remember that your attorney is there to guide you through the process.
- Talk through your challenges with a therapist or counselor.
Everyone handles the stress of a courtroom trial differently. Be kind to yourself throughout the experience, and lean on all the personal and professional support you have.
Hire an Experienced Personal Injury Attorney
The seasoned personal injury lawyers at Morgan, Collins, Yeast & Salyer have been practicing personal injury law for decades and understand how challenging life can feel after a serious car accident. Our law firm is passionate about standing up for the legal rights of injured individuals across the Commonwealth of Kentucky. Our personal injury attorneys dislike seeing injured people treated unfairly by insurance companies.
Whether through negotiating a settlement or skilled representation in the courtroom, our lawyers are ready to fight for the maximum compensation available to help you recover the costs of your medical bills, lost wages, and other accident expenses. Call us today at (877) 809-5352 or contact us online for a free initial consultation to learn more about how we can help you.
