NBR I'm going to trial
Athena0809
member
In Dec. 2009 I was in an accident on the highway on my way to work. I decided to sue because my car was totaled and I had like four months of physical therapy. Turned out the guy was uninsured so my lawyer explained we are basically sueing my company and in turn they go after the guy to recover the money they pay me. My lawyer said it's my decision whether to settle or go to court. I received a letter today letting me know of the trial date. I don't want to go to court, and I told him that! I told him my injuries were not serious enough to warrant a trial and that I don't want to drag this any longer, when is the trial? Oct of next year! I'm so PO'd right now! I understand by going to trial is a bigger chance of getting more money and that is the lawyer's motivation but I just wanted to be compensated for losing my car, a few days off of work and for the aggravation of it all. Wouldn't you be PO'd too? Ugh!
Re: NBR I'm going to trial
The Judge most likely automatically set the trial date. When cases are pending on their dockets for too long, some Judges order the case to trial and set a date, hoping to either force the parties to settle before the trial or resolve the case at trial. That way there is a certain date by which the case is resolved. Going to trial can be a huge gamble, so I would doubt that your attorney would push for that. Most likely the insurance co doesn't want to go to trial any more than you (or your attorney) do. I wouldn't be surprised if they offered to settle before then.
Call your attorney and ask what is going on. Make it clear that you don't want to go through the hassle of a trial.