Will my case be taken to trial?
In television and film, portrayals of our legal system are to blame for the widespread belief that almost all cases go to trial. In fact, about 99 percent of cases brought and filed before trial are resolved in state or federal court. Trials are incredibly unpredictable, costly and time consuming. Because of that the vast majority of disputes are settled without the need for a trial in the interest of both parties. www.haitipolicy.org/2003/07/accident-looking-a-little-fishy has some nice tips on this.
In a personal injury action, what am I entitled to?
You are entitled as a claimant to recover both “common” and “special damages. Your out-of-pocket costs are special losses, including the cost of fixing your vehicle, the cost of a rental car, the cost of medical bills you have paid, and any actual or potential loss of earnings. The intangible pain, discomfort and emotional distress you sustained as a result of your accident was compensated for by general injury. General damages are of course, very arbitrary, but they typically refer to the amount of special harm you have suffered.
Am I going to go to a doctor?
Completely, both for legal and medical purposes. In terms of your personal wellbeing, it typically takes days for whiplash symptoms or minor fractures to fully develop. If you do not see a doctor right after your accident, you might be suffering aggravating injuries that you are not even aware of and causing more damage to your body. It is very necessary, from a legal perspective, to create a record of medical attention and paper documentation that you were actually injured. Indeed, you could have spent two weeks at home writhing in pain and unable to move, from your point of view. From the viewpoint of your insurance provider, however those two weeks were spent doing everything they might imagine. Very obviously, without adequate paperwork, the insurance provider would not recognise your loss. Seeing your doctor offers the requisite evidence to gather on your argument, if appropriate.