It may mean a few things if you are at the pedestrian accident trial stage in DC. The most likely scenario is that the defendant’s insurance carrier has accepted liability, but the two sides disagree as to the value of the case. When this happens, the insurer likely makes offers, but the personal injury attorney has advised the client to reject the offer. Or, the client has rejected the offer despite the attorney recommending that he accept the offer. Regardless, the two sides could not come to terms on how much the case was worth. There are several reasons for this. Almost every time, the defense will argue that the case is worth less while the plaintiff argues that the case is worth more. While a good pedestrian accident lawyer can negotiate a fair settlement, it is not always possible.
The second scenario in which we must go to trial for your case is if the defendant’s insurance carrier denies liability. Accepting your case means we believe your narrative and that you are entitled to compensation. Because we work on a contingent fee basis, meaning we only take a legal fee if we win, we are invested in your success, too. However, despite our belief that the defendant is liable for your injuries, the insurance carriers do not always agree. It may be because they do not fully grasp the legal concepts applicable to your case. Or, they might think they stand a strong enough chance with a jury to risk a trial.
Regardless of your case’s scenario, the next step is trial.
The key to understanding the trial is that it is unpredictable. You may be correct in asserting that the defendant is liable for your injuries in your DC pedestrian accident. However, a jury may still vote against you. Or, even if they hold the defendant liable, they may have a warped perception of your damages that leaves you not collecting anywhere near what you are owed under the law. Settling your case avoids this uncertainty.
However, while there is uncertainty, the same can be said for a jury in your favor. When you hire top legal counsel to represent you at trial, you can rest assured that you have the best odds to win your case as you can get. While there is never a guarantee, in the thousands of cases we have handled, we have won judgments in countless instances that arguably overvalued the injuries in the case. Accordingly, the uncertainty of a jury can work both ways.
This stage is critical for your pedestrian accident trial in DC. It is crucial because much of it is time-sensitive. There may be dash cam footage that needs to be preserved. Also, if you do not initially get information about the negligent tortfeasor, we will not have anyone to sue and recover from. Most of the time, the only opportunity to get this information is at the accident scene. The evidence we will collect includes:
To file a lawsuit, we must draft certain documents. We must prepare a formal complaint. This outlines the allegations against the defendant, the basis for the court’s jurisdiction, and a demand for damages. We also will draft a summons. We serve the summons and complaint on the defendant. This is done with a process server and requires a small fee.
This part of the trial is still procedural. We may face motions to dismiss, motions for summary judgment, discovery motions, pre-trial conferences, or anything else the defense throws at us. Their goal is to derail our lawsuit while we want to ensure it stays on track. However, both parties will file discovery motions.
This phase involves both parties exchanging information that is not privileged or work-product. Our legal system is interested in fair trials. That is the rationale behind public defenders being paid for by the state in criminal cases. The same premise applies to discovery. Discovery allows for there to be no surprises in court. So, instead of guessing what the other side may present, both sides are aware, prepared, and ready to put on their best fight. Components of discovery include:
This process is known as voir dire. The strategy at this stage is to weed out any potential jurors who may be prejudiced against pedestrians or the plaintiff. Again, the premise behind a trial is that it should be fair. If a potential juror is going into the trial already prejudiced against either party for whatever reason, it goes against the underlying premise of the court system.
This is when a bit of artistry comes in. We want the jury to know that the plaintiff suffered an unjust act. Our opening statement outlines the defendant’s negligence, how the injuries have affected you, and their impact on your daily life. Meanwhile, the defense may focus on disputing our narrative of the facts. What they focus on will ultimately depend on the line of defense they will rely on. Whatever they decide, they will introduce it here.
Evidence at this stage can take many forms. Most commonly, this will include showing the jury dash camera footage, eyewitness testimony, and, most likely, a number of expert witnesses. While we want to keep costs down by not hiring an excessive number of expert witnesses, we will balance this with how much your case is worth and how much your case is set to benefit from an expert testifying.
Expert witnesses play a monumental role in a personal injury case. We hire many different types of experts.
At this stage, we emphasize the critical pieces of evidence we believe are most persuasive in our case. We will also stress the financial burden this accident has placed on you, urging the jury to propose a generous award.
Pedestrian accident trials in DC are complex. Many elements can make or break your case, leaving thousands of dollars in compensation up to the fate of a jury. Do not go through this process alone. Contact our office at (202) 331-7227 for a free, no-obligation consultation.