Am I going to have to go into court for accident personal injury? How? 25 Answers as of June 08, 2015

A commercial truck driver injured me when he ran his stop sign. This happened on 7-14-2013. Nothing has happened since with insurance. I even had to do an outpatient hospital program. Even if I get a lawyer, would I have to go into court myself to testify?

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Ty Wilson Law | Ty Wilson
You should speak with a personal injury lawyer immediately. You could be in danger of having the statute of limitations running and if it does you will be banned forever from bringing a claim. Good luck.
Answer Applies to: Georgia
Replied: 6/8/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
You can't expect the insurance co. to reach out to you; the adjuster's job is to pay as little as possible. If they can keep quiet for another month the statute of limitations will have expired, and they will be home free! Retain an injury lawyer NOW. You only have until 7-14-2015.
Answer Applies to: California
Replied: 6/5/2015
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
If you do nothing, the statute of limitations will expire, and you will lose the case. The time you have to start a law suit varies from one state to another. In New York, the limit is 3 years from the date of the accident. In New Jersey, you have 6 years to sue for damages to your property (car, for instance) but only 2 years to sue for personal injuries. So, if you wish to be compensated for your economic losses, medical expenses, and injuries, you better stop waiting for the insurance company to take care of our interests voluntarily. And if you cannot make them do what they should have done by now, hire a specialist - a personal injury attorney. But do it right away, because, once the deadline for starting a law suit is passed, no attorney in the world will be able to help you. If, for any reason, testifying in court is not an option for you, consider that many personal injury cases get resolved even without filing an action in the court when the insurance company realizes that there is an attorney representing the injured party and the case will go to the court if the insurer does not offer a reasonable resolution. Vast majority of the cases that do get filed with the court are settled before trial. And, even if your case will proceed to a trial, you might ask your attorney to structure the case in a way that you would not have to testify (it will make his job harder, but, likely, not impossible)
Answer Applies to: New York
Replied: 6/5/2015
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
You need to retain a lawyer ASAP. If the accident happened in California, the statute of limitations runs in 5 weeks on 7/14/15. If you do not settle or file a lawsuit on or before that date, you lose all rights to collect on this case. 95% of cases settle before trial, so testifying in court is only a 5% chance. If you get a lawyer, the case will likely settle at some point. We handle auto accident cases all over the state of California and would be happy to discuss this case with you.
Answer Applies to: California
Replied: 6/5/2015
Gates' Law, PLLC | Thomas E. Gates
You need an attorney if your expect to win. 90% of cases settle without going to trial.
Answer Applies to: Washington
Replied: 6/5/2015
    Stephens Gourley & Bywater | David A. Stephens
    If the case is not settled you would have to file suit.
    Answer Applies to: Nevada
    Replied: 6/5/2015
    Boesen Law, LLC
    Boesen Law, LLC | Jon C. Boesen
    You may need to file a complaint (A Complaint starts the legal process of getting your claim resolved by a Jury or a Judge) if you cannot get your claim resolved with the commercial truck's insurance carrier before the Statute of Limitations expires. Filing a complaint does not necessarily mean you will go to Court. Often cases/claims get resolved after a complaint is filed without the need for the parties to "go to Court". Only when the parties cannot successfully negotiate a settlement does one need to go to Court to resolve the case/claim. If you do have to go forward with a trial and go to Court, your lawyer would likely want to have you testify to describe for the jury or judge how you were injured and what your damages are as a result of the accident. Your testifying is the opportunity for the jury or judge, the decision maker(s), to get to know you and how you have been affected by the accident. Please consult with an experienced Colorado personal injury lawyer for a much more thorough review of your situation and advice on what would be best for you given the circumstances of your accident.
    Answer Applies to: Colorado
    Replied: 6/5/2015
    Walpole Law | Robert J. Walpole
    I am unsure what you are asking. Based upon the statement, you were injured but haven't filed a lawsuit for any damages or injuries. If that is the case, why would you have to go to court? Another assumption is that you have not been compensated for your damages and have not retained a lawyer. If so, my advice is that you retain an attorney so a lawsuit can be filed. I say this because in Oklahoma the statute of limitations is two years. This means that if you have not settled the case and do not file a lawsuit at least two years from the date of the accident you can never make the offending party pay you for your damages. Most states have the same time limitation. You should be aware of this as July, 2015 is near. Good luck.
    Answer Applies to: Oklahoma
    Replied: 6/5/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Keep waiting and do nothing. Then for certain you will "blow" the Statute of Limitations. Don't be foolish; get a lawyer.
    Answer Applies to: Michigan
    Replied: 6/5/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Maybe, but probably not. Most cases settle. Seriously consider consulting an experienced injury lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 6/5/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First, testifying in court is not so difficult: it's easier than a visit to the dentist, especially if your lawyer does his/her job properly and gives you some preparation (which should not take more than 45-60 minutes: perhaps less). Most cases settle before trial but in many small claims cases, they often settle just before trial, so you have to prepare. Don't worry about it. Remember that you were there; you know the truth; and the lawyer will help you tell that truth in the most helpful was. Important: the statute of limitations for negligence i a very strict 3 years, so you should probably consult a lawyer very soon. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/5/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    90 percent of personal injury case settle, so you probably would have to go to court. It really easy to show liability and court cost just add to the cost of settling. The insurance company would prefer to settle if your settlement request is reasonable.
    Answer Applies to: Utah
    Replied: 6/5/2015
    End, Hierseman & Crain, LLC | J. Michael End
    You would only have to testify in court if the case did not settle, as most personal injury cases do. Keep in mind that a lawsuit will have to be filed within three years of the date of the accident.
    Answer Applies to: Wisconsin
    Replied: 6/5/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Only if the case actually goes to trial.
    Answer Applies to: New York
    Replied: 6/5/2015
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    Hi, you need to speak with an attorney immediately. You need to either settle or sue your case within 2 years of the accident, or by 7/13/15.
    Answer Applies to: Georgia
    Replied: 6/5/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    The time within to file a lawsuit to preserve your right to potential recovery is quickly approaching. Retain an experienced personal injury attorney as soon as possible. Most cases settle before trial.
    Answer Applies to: California
    Replied: 6/5/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Most cases settle. Many times, we don't even have to file suit papers. But the only way to prepare for settlement is to prepare for trial. You can't do that without a lawyer. That is why you have gone nearly two years with nothing happening.
    Answer Applies to: New York
    Replied: 6/5/2015
    Lloyd H. Thomas III P.C. | Lloyd H. Thomas III
    You are in a very dangerous position, given the 2 year statute of limitations in Georgia for personal injury actions. You must either settle your case or file a lawsuit by 7-13-15 or your ability to do so will expire. You should immediately contact an attorney. You may find it difficult to find one that will accept your case, given the impending expiration of your statute. Good luck.
    Answer Applies to: Georgia
    Replied: 6/5/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    A matter such as this would typically be resolved by a lawyer without ?going to court,? that is, without a trial. There is typically a litigation; that is, a lawsuit is filed. But, such a clear liability case (I assume he got a ticket for running the stop sign?) is usually resolved during the lawsuit, and short of trial. Don?t be intimidated by the lawsuit. It?s just a means to a good settlement, where liability is clear, such that the defense would not want to try the matter. It?s not a big deal, a good lawyer will take you through it painlessly. In the end, it?s the only way to get adequate compensation for your injuries, and you?ll be glad you did it. Incidentally, don?t wait. Your limitations period is shortening quickly, and there?s a lot to do before filing suit.
    Answer Applies to: Michigan
    Replied: 6/5/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The statute of limitations is running out on your claim. A lawyer is needed to properly build the case. You cannot file suit without one. You may never have to go to court to testify if the case is resolved before trial. If you do nothing you will get nothing
    Answer Applies to: Connecticut
    Replied: 6/5/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    I have no idea whether your case is worth employing a lawyer except to help you with Small Claims Court. Talk about testimony is grossly premature and not one of your primary considerations at this point if ever. Get yourself a free case evaluation from a personal injury attorney to see if you should pursue your claim with a lawyer assisting towards Small Claims Court as needed or taking over your entire case.
    Answer Applies to: California
    Replied: 6/5/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you have significant injuries you should most definitely engage in an attorney.
    Answer Applies to: Michigan
    Replied: 6/5/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    You can make your own claim and deal with the at fault truckers insurer to see if the matter can be settled, or you can hire counsel to represent you and make the claim. Typically it makes sense to hire a lawyer who likely will be able to better present your case and will better know the value of same, but you do not have to hire a lawyer. I am speaking about an out of court, pre-suit, attempt to negotiate and settle. In such an instance, you do not go to court to testify. If you decide to file suit, either in your own name while representing yourself, or through counsel, it is likely that the defense attorney will want you to answer questions about the incident and your damages/injuries in a deposition. If the case is not settled before trial, you would need to testify at the Trial. It is not required you testify in court, but it would probably be difficult to prove many of the elements of your case without you testifying. Also, how would the jury know who you are or get a feel for whether they wanted to award you damages if you didn't testify? Your matter sounds like one in which you should do yourself a favor and go see a local lawyer who regularly handles motor vehicle crash cases and let them advise you of the possible outcomes based on the specific facts of the incident and your injuries.
    Answer Applies to: Michigan
    Replied: 6/5/2015
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    1st of all you should have legal representation.?A case can settle at anytime. ?Many times the insurance ?will pay when they have enough ?to justify claim ?which may include depositions
    Answer Applies to: New York
    Replied: 6/5/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    First, hurry up. If you do not file a lawsuit by the second anniversary date of your accident you will forever be barred by statute of limitations .
    Answer Applies to: California
    Replied: 6/5/2015
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