Following a car, truck, or motorcycle accident in which you were the victim, you are entitled to recover compensation for your losses from the at-fault party. To do this, you must file a claim against each party that contributed to your accident’s cause and the responsible insurance company(ies). While filing a claim is key to recovering compensation, it is only the first step. The vast majority of claims are resolved outside of court, but some will go to trial. If your case will be litigated in court, it’s important that you understand how to prepare for court as a victim.
Why Some Cases Go to Court
Most injury claims are resolved outside of court and never go to trial. This is because insurance companies and plaintiffs often negotiate settlements to avoid the risk of losing at trial. Trials are expensive, exhausting, and time-consuming, and the outcomes are not guaranteed. However, some cases will go to trial because of the following:
- The driver’s insurance company refuses to offer a fair settlement
- The parties dispute the accident’s cause
- The insurance company disputes that the accident caused or contributed to the injuries
- The insurance company disputes the severity of the victim’s injuries and losses
If your case involves one of these situations, your attorney will advise you regarding whether you should take it to trial. If you opt to go to trial, they will then discuss how to prepare for court.
Gathering Evidence
Gathering as much evidence to support your claim as possible makes it more likely the jury will be in your favor. Having ample evidence might also help convince the insurance company to offer a fair settlement because of the risk of loss. Types of evidence you might gather include the following:
- Photographs of your injuries
- Photographs of the damage to each vehicle and the accident scene
- Hospital records
- Doctors’ notes
- Diagnostic information
- Treatment plan
- Records of all medical appointments related to your injuries
- Work records showing lost income
- Daily pain journal in which you accurately describe how your injuries affect you
You or your lawyer will need to gather this type of evidence—and possibly more—to support your case. Always be honest with your attorney and avoid exaggerating your symptoms or their impact on your life. Just as importantly, do not minimize your symptoms or fail to communicate them to your medical providers. Being fully transparent about the extent of your injuries can strengthen your case. On the other hand, trying to include unrelated injuries can undermine a valid and legitimate claim. The insurance company may use that to argue that you’re exaggerating or malingering to avoid paying compensation.
Preparing for Court
If a trial is unavoidable, your attorney will help you understand how to prepare for court. You will likely need to meet with your lawyer frequently as your court date nears.
Your attorney might ask you to do all of the following to prepare for the trial:
- Review evidence with your lawyer, including previous statements you’ve made, police reports, photographs, medical records, and witness statements
- Role-play with your lawyer asking you questions you might be asked while on the stand
- Refresh your memory regarding the deposition testimony, statements made to the police at the accident scene, interrogatories, or recorded statements you have made
- Discuss what to wear during the trial
- Familiarize yourself with the courtroom’s layout
- Talk about the verdict your lawyer is striving for
At the Hearing
During the trial, both attorneys must follow the Missouri Rules of Evidence and the Missouri Rules of Civil Procedure. These rules govern how evidence is admitted and the objections attorneys can make. When you are called to testify, listen carefully to what you are asked. Wait for a moment before answering just in case your lawyer objects. The following are some general guidelines for how to conduct yourself during a trial:
- Dress nicely.
- Be polite.
- Answer questions honestly, but don’t volunteer additional information.
- Don’t interrupt.
- If you don’t know the answer to something, simply state you don’t know.
- Don’t speculate or exaggerate.
- Be honest.
The jury will be watching and listening to you to determine your credibility. Follow your attorney’s lead, stick to what you’ve discussed, and always be honest.
Talk to an Experienced Attorney
The idea of going to a trial can be daunting. However, your attorney will help you understand how to prepare for court. To learn more about your legal options and get help with your case, contact the attorneys at the Law Offices of Bryan Musgrave today by calling 417-322-2222 or sending us a message online.