Most victims of car accidents here in St. Mary’s County, Maryland, do NOT have to go to court as part of resolving their claim for compensation.

To begin, most Maryland auto accident cases are resolved through the process of insurance claims. After an accident, victims notify their own motorist insurance carrier and then make claims against the insurance policy of the at-fault party (or parties). The insurance claim process has several steps. These include intake, initial investigation (sort of “surface level”), extensive investigation (including gathering evidence like medical invoices), offer from the insurance carrier, negotiation, and (often) successful settlement. It is estimated that at least 3/4ths of Maryland auto accident cases are resolved through this process.

If your accident case and your claim for compensation are resolved through the insurance process, then there is no court appearance needed. This is true because, of course, no court case was filed since the matter was resolved through the insurance claim. Since no court case was filed, there would be no need for anyone to attend court. Courts and judges have no involvement in the insurance claim process. That process is purely private and non-governmental.

Sometimes, a settlement cannot be reached through the insurance claim process. In those circumstances, a civil lawsuit must be filed in the Maryland courts. Only if a lawsuit is filed is there the potential for accident victims to appear in court. But, even when a lawsuit is filed, most victims do not have to appear.

First, the process of filing a lawsuit often spurs the insurance carrier to “up” their offer. This is often sufficient to get the matter settled. Statistics show that only about 3% of filed lawsuits end up going to trial. This is one of the reasons. Note also that settlement negotiations are ongoing during litigation. So, even if the initial filing of the lawsuit does not result in a settlement, a settlement still might be reached later in the case.

Second, even if there is no settlement, victims do not attend any procedural court hearings held before the assigned judge. Those are handled by the victim’s lawyer.

Third, if the settlement is close, then sometimes the judge will attempt to mediate the settlement. When that happens, the victim (along with their lawyer) will often be required to appear in the judge’s courtroom. But the matter will be handled very informally with no testimony or a jury.

Generally speaking, only if the case is really going to trial does the victim have to appear in court. Again, this is rare.

If the case is going to trial, be assured that the victim’s lawyer will be present and will ensure that the victim is fully prepared. In the end, there is nothing to fear from having to “go to court.” Some may think it is inconvenient to have to “go to court.” But that is the process necessary for obtaining the compensation that is deserved. The at-fault party must be required to pay, and victims are entitled to their compensation.

Contact Waldorf, MD, Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers.  Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.