Case Trials and Testimony: What to Expect and When It’s Necessary

One question we get asked is whether or not their case is going to trial and whether they will have to testify – that’s a two-part question.

Trial Possibilities and Case Resolution

Your case may or may not go to trial. We try to resolve your case with the insurance company without filing a suit. We do that for several reasons.

First, suppose we can settle it with the insurance company. In that case, fewer expenses will be incurred on your behalf because any expenses we incur for you will be deducted from your ultimate settlement.

However, if we have to file a lawsuit on your behalf because we couldn’t resolve the claim informally out of court with the insurance company, you may be asked to testify in a deposition. Additionally, you may be asked to testify in court, even if we have to file a lawsuit for your injury claim.

There is still a possibility that we may not have to go to trial, and you may not have to testify. This is because 95 to 98% of all claims, even those requiring a lawsuit, are resolved without going to court. This is because both sides recognize the inherent risks of going to trial.

Author Bio

Tim Miley is the Founder of Miley Legal Accident Injury Lawyers, a West Virginia personal injury law firm he formed in 2006. With more than 30 years of experience in personal injury law, he is dedicated to representing clients in a wide range of personal injury cases, including car accidents, trucking accidents, motorcycle accidents, brain injuries, wrongful death, and other personal injury matters.

Tim received his Juris Doctor from Duquesne University and is a member of the West Virginia State Bar and the Harrison County Bar Association. He has helped his clients win more than $10 million in personal injury verdicts and settlements and has further served the people of West Virginia by filling legislative roles in the state’s government since 2004.

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