I'm scared...court for the first time

[ladyseals]

On Dec. 5th last year I was in my first accident I was rear ended. I was just sitting there waiting for my turn to go trough the stop sign, about 15 cars ahead of me. All the sudden I heard LOUD screeching behind me and I looked in my rear-view mirror and saw an Explorer comming towards me full speed (I had a Corsica). I quickly turned my wheel to the left because I 'knew' I would be hit and at least did not want to hit the person in front of me. I could not turn to the right because there was a steep slope. Well the impact sent me flying into on comming traffic and into the inbankment accross the street. The slope that I stopped on was so steep I thought the car would flip over! I was SCARED OUT OF MY MIND!!! My lower back and neck hurt. The other driver got out of her truck and said how sorry she was that her brakes were out. I went to emergency that night and then followed up with doc who sent me to Back Therapy. Even still when I hear traffic noise like horns or crashing, my heart beats fast.

Ok so, I finished treatment and got an injury lawyer to help me. He asked the girls insurance company for the money I am intitled to. They are trying to give us a much lower amount that will just cover the medical bills. Anyway we are going to small claims with it. The lawyer said the judge will decide how much I will get. But, the lawyer said the judge can also say I don't get anything. I don't understand that, CLEARLY it was not my fault, I got rear ended and got hurt, it should be a no brainer right?? I have never been to court before and I am a little scared because I don't know what to expect. It is called a 'Bench Trial'. And, can the judge really say I don't get anything?

[missymommy]

Just try to relax, you were hurt and deserve the money. I wish you luck. I was in an accident many years ago and I ended up getting more money then I should have because they decided to fight it so hard. Good luck!

[ladyseals]

Thanks that makes me feel a lil better!

[flute]

It depends on the Judge's day, and your mood, too,I'd imagine.

Play the victim.
Be meek, humble, kind.

You'll be fine! ;)

[Shann]

how scary! I've never had to go through court so I can't tell you waht to expect. I have been in a few accidents that were not my fault. Of course I didn't get that much out of the settlement for the second and my insurance was lazy for the first one and said they were going after the person but never did.. nice huh? I'm sure since you were doing nothing wrong and you were hurt they will award you what you deserve. I understand the fear of hearing horns and screeching tires, my heart goes into overdrive. Good luck and let us know how it goes. {{{{hugs}}}}

[msmom79]

you'll do just fine.act like ladys do have respect ,speak only when spoken to and say yes sir ,no sir,everything will be fine .let us know what happens.ann

[catdance]

OK, a bench trail is a court trial but there is no jury here, you will get to present your side and the other party thier side,and your end can rebuttle this.. kinda a JUDGE JUDY thing, but the outcome very well could be ruled at that time or can be considered for a few days rarely more, most likey in this case, the Judge will rule one way or the other, there will no closing arguements, this case will be based on facts, bills, and your health to this date, and anything else you deem important..if you have bills and can prove you are still compromised in any way.. if you lost wages, etc..you will succeed, and it may not be the amount you want and yes, it could be nothing as well, but believe the judicial process is a fair one and don't... AND DON'T bring your FEELINGS in that court room, this a FACTUAL case..arguing, crying, NOT LISTENING, to that JUDGE is not going to be in your favor, what is for you to keep quite, dress well enough, be CLEAN..some people go to court really dirty and this shows disrespect to the court and the JUDGE doesn't like this, not to say YOU would.."Your Honor" is a good term to use, and whatever happen's it is fair to thank the COURT for it's time..
It will be ok, and the JUDGE has seen many nervous people before..
Good LUCK..

[bell_peaches]

All I have to say is listen to everything everyone has said here. I will be saying a prayer for you. Good luck ((((((((((((HUGS))))))))))))) Good Vibes your way

[evrita]

This is totall way Off topic and I am not saying this to offened anyone but catdance the way you put certain words in all caps it reminds me of that guy on this cartoon daria. He was a teacher and ex military and everytime i read a post I laugh cause thats all I can think of.


Ladyseals good luck with court it must be hard. I have been in several accidents myself but my insurance company took care of it all. I hope all works out for you

[FreeBnutt]

Ok so, I finished treatment and got an injury lawyer to help me. He asked the girls insurance company for the money I am intitled to. They are trying to give us a much lower amount that will just cover the medical bills. Anyway we are going to small claims with it. The lawyer said the judge will decide how much I will get. But, the lawyer said the judge can also say I don't get anything. I don't understand that, CLEARLY it was not my fault, I got rear ended and got hurt, it should be a no brainer right?? I have never been to court before and I am a little scared because I don't know what to expect. It is called a 'Bench Trial'. And, can the judge really say I don't get anything?


Been there, done that, and it's not small claims court, I think you have your courts confused. Nothing to be afraid of, after all you ended up suing an insurance company, whether it is yours or the person who hit you, and they do end up paying for any lost monies, and all medical, vehicle repair money, etc. AND if you don't get anything I would fire your lawyer and get another one, cuz they usually get 33% of your monies, and they don't sue knowing you won't win. How do you think those ambulance chaser's make their money?

[Gherky]

Good luck!

[jennirv4967]

The whole point of insurance companies is to try to get out of paying money. We had to wait months and threaten suing them to get money out of the other insurance company a few years ago.

[catdance]

in order to get this IDEA right, I don't think, you have the right court, in mind in this said issue..if you are using SMALL claim's then I would be curious as to why you would need an attorney.. or rather why your attorney would pick this said route...in most states, small claims are under $4,000..so that being known, you probably could have done this yourself, but a bench trial looks the same but it is not, it act's kinda the same but it is not, in the case, GOSH I hope I have this one right, in small claims you have a meditator, in a bench a JUDGE..in the case, the writer before me somewhere is correct, you will then hand over abit of money to your attorney, and it queers me as to why, if you knew which court you are going to, you would want an attorney to handle this..as I do admit you have SUBSTANCE, I wonder, if you needed this attorney, do you feel the claim is more than $4,000??
If so I would contact your attorney and get "CRYSTAL CLEAR"..where you are going and what you are doing there...
and so OFF the HIP, really and I am scared I can even think this way, you could have been on TV..
Seriously..get the DUCK'S in a ROW, and find out just what is happening, because if you found out later, this was kinda not to your agreement, and lost money, even if you were seriously scared of court, and calmed down and KNEW this, how would you feel...a few writer's get this..
POST back..
BTW..HI EVITRA..gotcha..!!!