Do I Have to Go to Court After a Car Accident in Pennsylvania?

Most car accident victims want their cases to settle. Many people become anxious if they have to talk in any type of public setting – especially when a defense lawyer may question them.  The good news is that many cases settle. At KBG Injury Law, when we recommend that you go to trial, it’s usually because we think you’ll get a better recovery at trial. If you do have to go to court, we’ll prepare you so you know what to anticipate, so that you’ll have the confidence you need to show why justice demands that the defendants be held accountable for changing your life.

In York and the surrounding areas, you may need to go to court twice. The first time is if you are being deposed/questioned. A deposition is an informal process that is usually fairly relaxed. The second time is for your jury trial if your car accident case doesn’t settle.

How do depositions work in a car accident case?

Our York car accident lawyers represent drivers, passengers, pedestrians, and bicycle riders. We also represent families if a loved one died in a car accident. We’re skilled at showing how your car accident happened, why it happened, and who is responsible. We’re also skilled at showing what injuries you have, the medical care you’ll need, the cost of that care, and how your injuries are affecting your life.

The insurance company and defense lawyer for the driver who struck you have the right to question you about the car accident and about your injuries. We have the right to question the defendants and every relevant witness.  Normally, these questions take two forms. The first form involves written questions (interrogatories) that are handled outside of a courtroom. The second form involves oral questions (depositions) that may require that you go to the York County Courthouse.

In some personal injury cases, depositions are conducted at the office of our law firm or one of the defense lawyer’s offices. In many cases, depositions are conducted at the local courthouse. There’s no need to be anxious. Courthouse depositions are usually held in private rooms, not courtrooms. The deposition process is fairly informal. Generally, only the parties to the lawsuit, their lawyers, and a stenographer (the person who records the questions and answers) are present. At KBG Injury Law, we’ll review the questions that you’re likely to be asked so you’re not surprised.

When is a jury trial better than a poor settlement?

The decision to choose a trial depends on whether you and we think that you’ll get a better result if a jury decides how much you should receive.  A good result depends, in turn, on how strong your case is and what the value of your case is.

Our lawyers are skilled at showing a driver drove while intoxicated, while distracted, or while tired. We’re skilled at showing a driver was speeding or violated a Pennsylvania traffic law. We’re also skilled at showing what your case is worth. The value of your case includes all your current and future:

• Medical expenses
• Lost income and benefits
• Pain and suffering
• Vehicle damage
• All other damages such as scarring, loss of bodily function, and the inability to enjoy life’s pleasures.

At KBG Injury Law, our car accident lawyers negotiate with the other driver’s insurance carrier (and the insurance carriers for any other defendants) to try to forge a settlement.

The pros and cons of agreeing to a settlement – or rejecting a settlement and having your car accident case heard in a courtroom are:

• How strong your case is. If our case is strong, that favors having a jury trial. If proving liability is weak or questionable, that favors choosing a settlement. We’ll discuss the strengths and weaknesses of your car accident case.
• How much your claim is worth. The value of your case depends on the seriousness of your injuries, whether your injuries are permanent or can heal with treatment, what type of treatments you need, how much time from work you’re losing, and many other factors. The value of your case is based on the sum total of all your damages. The value is also based on what juries in Pennsylvania have awarded and what insurance companies have agreed to pay – for similar injuries – or when a loved one died.
• The amount of insurance coverage. Unless a defendant is wealthy, the amount of money you can receive is based on the available insurance coverage. Some drivers have the bare minimum ($15,000). Other drivers have higher amounts. If there are multiple liable defendants, then there is more insurance to pay your claim. If the other driver is uninsured or underinsured, then your UM/UIM policy should pay your claim – up to the policy limits.

What happens at a jury trial of a car accident case?

Your jury trial is held in the county courthouse where you live. Normally, only the participants (the parties, their lawyers, and the witnesses) are in the courtroom – along with the judge and any court personnel. Usually, trials are open to the public but very few people listen in.

Our lawyers will handle most of the trial for you. Your role in the trial generally includes

• Helping with the jury selection process. We’ll ask questions of prospective jurors. We’ll consult with you about which jurors seem favorable and which ones might not be sympathetic to your case.
• Your testimony. We’ll question you about the accident and your injuries. The lawyer for the driver who caused your accident has the right to question you too. We’ll likely ask a few more questions to counter what the defense lawyer asked. Don’t worry. We’ll conduct a dry run with you so you know what to expect.
• Your input. We’ll also review with you, during the trial, the questions we’ll ask the defendants, any eyewitnesses, and any other witnesses such as your doctors.

When all the testimony is complete, the lawyers will make closing statements and the judge will give the jury instructions about their deliberation. The jury will then decide if the defendants are liable and how much they owe you.

At KBG, we’ve handled many jury trials and negotiations in all types of personal injury cases including car accidents. We’ll help you feel calm and confident about what happens in the courthouse. Please call us or fill out our contact form to schedule a free consultation. We have offices in York, Lancaster, Harrisburg, Hanover, and Gettysburg for your convenience.