You may be required to appear in court after you file your car accident claim. At Banks & Jones, we understand that most car accident victims would prefer to avoid court appearances. We’ll explain when you might have to go to court, such as when you’re called to give a deposition – and when it might be in your best interest to go to court, such as when insurance companies are not making a fair settlement offer. Don’t worry. If you have to go to court, our Knoxville car accident lawyers know how to help you prepare     .

When is a court appearance in a car accident case necessary?

Our Knoxville car accident lawyers have been fighting for injury victims (drivers, passengers, pedestrians, and bicycle riders) for more than 20 years. We also file wrongful death actions when a loved one dies due to the negligence of another driver.

The initial phase of your car accident case involves the following steps which do not require a court appearance. Each side (you, the driver who caused your accident, and any other parties) investigates the accident. Our lawyers will send investigators to the accident site. We’ll review the damage to any vehicles.

We’ll review your medical injuries so we can determine exactly what injuries you have, what medical treatments you’ll need, the cost of the medical care, and how your injuries are impacting every phase of your life. We’ll determine what insurance policies cover your car accident claim and what the amount of the coverage is.

How do depositions work in Knoxville?

Part of the investigation involves questioning everyone who has knowledge about the accident. We’ll question the defendants. The defendants have the right to question you. There are two types of questions – written (interrogatories) and oral (depositions). The oral depositions may take place at the law office of one of the lawyers – or at the Knox County Courthouse.

If your deposition takes place at the county court, the deposition is usually held in one of the local rooms – not a courtroom. The judge isn’t present. Normally, the people at the deposition are you, your lawyer (someone from our law firm), the defendant (the driver of the vehicle that struck you), the defendant’s lawyer, and a court stenographer (the person who records what’s being said).

We’ll review with you, before the deposition, what questions you’re likely to be asked. Depositions are much more informal than the court hearings you see on TV or in the movies.

When is it better to have a jury trial than settle your personal injury case?

After the investigation of your claim is complete, we’ll review all your damages. These damages include your medical bills, lost income, pain and suffering, property damage, and any other damages such as scarring or disfigurement. We’ll then prepare a demand letter that we send to the insurance company/companies for the defendant/defendants.

At Banks & Jones, our car accident lawyers negotiate with the insurance companies to determine if a settlement can be reached. You as the victim have the final say on whether or not to accept or reject any settlement offers.  We’ll explain the pros and cons of choosing to settle your case or request a jury trial.

Some of the factors that affect whether you should or shouldn’t request a jury trial include the following:

• The strength of your case. If you have a strong case, then it’s often to your benefit to request a jury trial.
• The value of your claim. We’ll review how much we think a jury is likely to award if you go to trial. While there’s no guarantee, most juries award damages in ways that are consistent with how other juries have decided similar cases.
• How much insurance is available? Generally, you can only receive compensation up to the amount of coverage of the defendant’s insurance policies. If their insurance is not enough to pay your claim, we’ll seek to have the balance paid through your own uninsured/underinsured (UM/UIM) insurance carrier. We’ll review these amounts with you so you know how much you can receive if your claim is successful.

You may receive more money at a jury trial than an insurance negotiation – even if the insurance company agrees that their client is responsible for your car accident.

Jury trials in car accident cases usually involve the following people:

• You and the defendants
  Your lawyer and the lawyers for the defendants
• Any witnesses to the car accident
• A physician (possibly more than one physician) who will testify about your injuries
• The judge and the judge’s staff – usually just a few people
• The jury
• The court stenographer

Usually, only a few interested people such as paralegals and family members watch the proceedings.

What is your role in a jury trial?

We’ll handle most of the jury trial for you. Your role as the victim involves the following:

• Jury selection. Generally, we’ll question the prospective jurors for you. You can give us your input as to which jurors to accept and which ones to object to – within the court guidelines that determine when and how jurors can be accepted or rejected.
• Your testimony. Normally, after the opening statements, we’ll have you take the witness stand. We’ll have reviewed what’s going to happen beforehand so you’re relaxed and focused. We’ll ask you questions about how the accident happened and about your injuries. The defense lawyers will then have the right to question you. We can then ask you additional questions to counter or explain anything that the defense lawyers did.
• The remaining testimony. We’ll question the other witnesses on your behalf, the defendant(s), and any other witnesses. At all times, we accept your thoughts and ideas about each witness.

After the questioning of the witnesses is complete and the closing statements are presented, the jury will decide if the defendants are liable and how much they should pay.

We understand that court appearances are stressful. We put your mind at ease by calmly and clearly guiding you through each step of your car accident claim.  We Play to Win. Please call us or fill out our contact form to schedule a free consultation.