What is the trial process for settlement?

[Louiser]

What is the name of your state? WA

Hello,
I was rear-ended 3-17-04. I have a mildly bulging disc at C-5 and C-6 as a result. Symptoms have not resolved and offer does not reflect the long-term nature nor future medical/treatment costs so I am taking this to trial. They offered 12K plus $4554.00 for medical bills although I have told them my PIP says they are almost 7K.
**What can I expect? Is it in front of a jury, a judge, another august representative of our legal system? I have an atty, appt nor for a few days, though.
The collision was King county (Seattle) and I am now 300 miles east at the other end of the state.
**What are my alternatives for a change of venue? BTW, I was rear-ended, other driver was cited, no question of liability so I don't see a reason to have WSP called to testify. No ambulance, doctor that treated me for the first 2.5 yrs after MVA is over there but he has written them a letter already. Insurance Co. is in Texas so I don't see how location of the trial would be an issue for them.
**What will I be asked, (I realize without details you are limited to generalities) what should I know, how should I document the daily/ongoing impact of the injury?
Thank you for your time,
Louise R

 

[ecmst12]

These questions are for your lawyer that you are meeting with in a few days. Most likely, this will not get anywhere close to trial and will settle out of court.

 

[Louiser]

MVA Trial Process, cont.

Thanks ecmst12, but can't I know now? I should have been more clear: I am meeting with the attorney who has been advising me on an hourly basis but has not, as of yet, decided to take the case. The more info I have the better for me to continue with the expected machinations with the insurance, aka negotiating in my attempt to avoid court. I realize that sans details I can only expect a general answer but I expect there is a fairly standard process already in place with perhaps minor variations.
The one question I really want answered is this:
Who hears the case? A jury of lay people is preferable in my mind to a judge or mediator who, after dealing with case after case after case, would see me more as a case number with records and less the woman who likes to read for 4-8 hrs a day but can't do so comfortable anymore, has lots of other activities impacted and now has to sit on the floor next to the dog to use my computer since I can't comfortably look down onto my desktop anymore.
The answer to my question(s) will help me decide what I think my risks are and considering the huge number of auto/vehicle posters, I am not the only one who would be interested in knowing a bit more about the strange animal we know as the legal system.
Oh, one other question-why would it "most likely... settle out of court."? Is that is decision done to me or with me?
Thank you for your time,
Louise R

 

[seniorjudge]

Q: Who hears the case?

A: If you ask for a jury trial, you will get a jury. I wouldn't trust a jury with a mutt. But you have a different opinion than I do. I would trust a mediator more than I would a jury.


Q: Oh, one other question-why would it "most likely... settle out of court."? Is that is decision done to me or with me?

A: Yes; you will have to agree to the settlement.

 

[ecmst12]

But you should listen to your lawyer's advice; trials are costly and time consuming and the reason most cases settle out of court is because any additional award that *might* be granted by a judge would be offset by the huge increase in costs associated with litigation.

 

[Louiser]

Trial Process cont.-Very Scared and Big Trouble

Thank you both-you are correct, ecmst12, that it is/was my opinion but unlike yours, mine is based only on assumption, not experience which is why I value what I learn here. But...
I have until 3-16 to settle or have the trial process in process. The lawyer called to say that "the firm has chosen not to represent your case" because they need more time to start the process since it is in another county. It goes without saying it would have been lovely to know this a month ago-I would have retained her a month ago. I feel manipulated but now I must deal with the issue at hand.
*I have less than a month to statute running. I live 120 miles (Stevens county) NW of Spokane (Spokane county), the nearest city of any size i.e. where PI attys are, and the MVA was King county in Bellevue, a suburb of Seattle, the other insurance is in Texas. I am still trying to settle with the insurance but don't expect success. I am frightened and intimidated by my ignorance.
*I need an atty so what is the best way to present my case to maximized my odds considering the time frame? I have a chronological outline prepared with list of symptoms and how/where my life and personal relationships have been affected.
*Where should/can I file? If I do get it filed in eastern Wa., can my medical records and/or statements/affidavits from my old MD suffice or would it be best for me to just file in King county so he can come to court if needed?
*What would a doctor be brought in for and is it even likely? The records would be more accurate anyway considering the time lapsed and memory of each patient's problems.
*Am I 'pissing up a rope' in trying to find someone at this late date? I feel like an idiot for being so complacent, both before and after the MRI but, ... spilled milk and all that.
*Is anyone familiar with the settlementcentral.com site? The site appears to have good information, a lot I recognize from other research and for a small fee, additional info is available. I need help for one last demand letter to the insurance even while finding an attorney in an attempt to avoid court. This site seems to have that help unless you, gentle readers, have other suggestions or advice about how to write an effective letter with the accompanying terms and format, etc.
I understand that any action I choose to take based wholly or in part on advice, information or suggestions offered to me in this forum is solely my responsibility and that there is no guarantee of accuracy. How is that? I am practicing my legalese, BUT I understand that any action I choose to take...
I's sure appreciate help or suggestions. Thank you all for what you do. I hope to hear something soon (like in the next ten minutes starting....now)
Louise R (who is going just a bit nuts as you can see)

 

[ecmst12]

Well, I don't understand why you didn't get a lawyer 2 years ago, or even ONE year ago, when you're now trying to get one to represent you with the statute running out in 3 weeks. That was a huge mistake, but water under the bridge now.

If you sue, you sue the other driver in the county where he lives. You do not sue the insurance company and their office location is irrelevant. But you CAN NOT sue him without a lawyer, unless you are going for small claims court.

I don't know what kind of settlement you are looking for or what they are offering, but at this point, you are going to have a hard time finding a lawyer to take your case, so you might just have to take the best offer you can get out of the insurance company.