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The Whaley Law Firm Personal Injury Podcast – Episode 6

Hosted by Louisville personal injury attorney Aaron Whaley

In Episode 6 of The Whaley Law Firm Personal Injury Podcast, Louisville personal injury attorney Aaron Whaley discusses Part 2 of what happens when a case goes to trial. Have you been injured in an accident due to negligence? Contact our law firm today for your free consultation.

Whaley Law Firm Personal Injury Podcast

EP006 Notes

Episode 6 - Preparing for Trial (Part 2): This episode is the conclusion of the discussion that began in Episode 5. Louisville personal injury attorney Aaron Whaley discusses preparing for trial in a personal injury case.


Depositions give both sides the opportunity to ask questions, under oath, to document and/or clarify facts. Lawyers can object to questions based on the form of the question or if the comment would be covered under attorney-client privilege.


These are typically scheduled after depositions. The goal is to attempt to resolve the case, before opting for the time, expense and risk of going to trial. It’s not uncommon for one side to also set the case for trial by requesting a trial date. This adds a sense of urgency to the situation. An independent mediator will act impartially to bring the parties to a fair settlement.  Mediators are often retired judges.

Your attorney will help you to fully understand the value of any offer made by the at-fault party. There are case-related fees and other expenses that will be deducted from the amount offered. If a fair settlement cannot be agreed to during the mediation, the case will normally proceed to trial.

UM/UIM Coverage Claims

At the same time, if uninsured or under insured motorist coverage is available, your attorney will help you to pursue this additional coverage. The coverage must have been in place at the time of the accident, however. UM/UIM coverage is paid by your insurance coverage. It’s coverage you may already be paying for in your premiums. Some people question whether they should file a claim against their own insurance company, but it’s important to understand this is a contract for which you’ve already paid.

Once It’s Done, It’s Done

If both parties agree to a settlement agreement, that’s it. Even if future pain, medical issues related to the collision or other issues crop up, you are generally unable to reopen the case.  This is why your attorney will work with you to help evaluate the value of your case, help you to get medical treatment and to better understand the long-term financial impact of your injuries.  Again, once an agreement is reached, it’s done.

You can rely on Aaron’s extensive trial experience in personal injury and car accident cases to effectively represent you though this complicated process. The decision to take a case to trial is based on many factors. You need an experienced attorney who understands that results matter.

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Important Disclaimers:

The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky. This podcast maybe freely shared, but may not be the modified or edited in any way.

This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.

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