When a person files a lawsuit, they are usually required to appear in court. However, there may be numerous hearings leading up to the trial, and it might not be feasible or necessary for you to show up for every single one.
When you file a lawsuit, a trial may be scheduled, and all parties involved in the case are usually required to appear in court. However, many pretrial hearings occur first, and you might not have to show up for all of them. The attorneys may handle minor status hearings or pretrial conferences, and you likely do not have to appear in court for those. More significant hearings or meetings, such as evidentiary hearings regarding your testimony or depositions, may require your presence.
For a confidential legal assessment for free, call our Lafayette, LA personal injury attorneys at the Schoenfeld Law Firm at (504) 688-7760.
Am I Required to Appear in Court for a Personal Injury Lawsuit in Louisiana?
When someone files a personal injury lawsuit, their appearance in court is usually necessary, but not for everything. Major hearings will likely require your attendance, but minor hearings and case updates may be handled by your lawyer in your absence.
Attending the Trial
The trial is the central hearing of your lawsuit where issues of liability and damages are decided. It is often regarded as the most important part of a lawsuit, if not the entire point. As such, you will likely need to be present in court for the trial.
Plaintiffs often testify at trial about what happened to them and the damages they incurred. If you plan to testify, you must be present in court.
Depositions and Evidentiary Hearings
An important part of many civil lawsuits is interviewing the parties and witnesses. During the discovery phase, each side of the case can send the other interrogatories, which are written questions that you can respond to with a written answer. These do not have to be handled in a courtroom.
A deposition is an in-person interview that you may need to be present for. The opposing party may depose you and ask you questions about the accident, and our Louisiana personal injury attorneys can depose them as well. We may also depose witnesses to see what they know and whether they can help in court.
If the opposing party wants to depose you, you may need to appear in person. While depositions can be handled in court, they are often handled in attorneys’ offices.
Failure to Appear
Failing to appear in court when your presence is required will be met with serious consequences. If an emergency arises and you cannot get to court, the judge may grant a continuance. This means the hearing is simply postponed a bit.
However, repeated absences or absences that are not reasonably necessary will not be met with such leniency. The judge could proceed with the hearing without you, and you would not be able to participate. They might instead completely halt the case until you are back in court, where you may be reprimanded or even penalized.
Can You Skip Hearings in a Personal Injury Case?
While you likely need to attend more important hearings, you may be able to skip some hearings. Before doing so, talk to your lawyer about whether your presence is necessary.
Pretrial Hearings and Conferences
Many pretrial hearings and conferences do not require that you or the defendant be there. Just the attorneys and the judge may handle them.
For example, attorneys often file pretrial motions and have hearings about them without the plaintiff or defendant present. If your attorney wants to challenge the defendant’s request for discovery, you might not need to be there, unless your testimony is required for the motion.
Incapacitation
Sometimes, emergencies arise that cannot be avoided, and your entire day may be derailed. If you have to attend a court hearing but are in a car accident the same morning, you need to go to the hospital, not the courthouse.
When sudden emergencies arise, and you are incapable of getting to court, you should contact your attorney as soon as possible and explain the situation. They may be able to explain things to the court and hopefully reschedule the hearing.
Child Plaintiffs
When a plaintiff is a child, the court may be more willing to bend the rules in the interest of the child’s safety and well-being. It can be extremely difficult and intimidating for a child plaintiff to show up to court every day and face the person who wronged them. As such, courts may be willing to limit the time a child plaintiff must spend in court, and they may only need to show up when necessary.
FAQs About Court Hearings for Personal Injury Cases in Louisiana
Does a Plaintiff Have to Go to Court for a Personal Injury Case?
Generally, yes. When a plaintiff files a lawsuit, they are expected to participate in the case and attend hearings and the trial. However, minor hearings that focus more on procedural issues can sometimes be handled solely by the attorneys and the court, and the plaintiff and defendant might not need to be present.
Can You Skip Some Hearings in a Louisiana Personal Injury Lawsuit?
While you should not “skip” a hearing because you are tired or going would be inconvenient, you may not need to attend every hearing. Certain hearings or pretrial conferences can be handled in your absence. If an emergency arises and you cannot attend court (e.g., you were hurt and are now in the hospital), courts may be understanding and agree to reschedule hearings.
What Happens if Someone Does Not Show Up for Court in a Personal Injury Case?
If a person does not show up for court, it may be recorded in the court’s records as a “failure to appear.” Depending on the situation, the court could proceed without you, and you may not be able to participate in your own hearing. In others, the hearing cannot proceed, and absent plaintiffs may be reprimanded or even penalized by the court.
Can Your Lawyer Go to Court on Your Behalf?
Possibly. If your presence is not required, your attorney can handle the hearing without you. Sometimes, this may have to be explained to the court in advance. Other times, there is simply no need for the plaintiff to show up. Your attorney should be able to explain which hearings you do not have to go to court for.
Is There a Good Reason Why Someone Would Not Show Up for Court?
Yes. Many plaintiffs have extremely busy schedules, and they rely on their lawyers to handle as much of the case as possible without them. They may be able to attend only absolutely necessary hearings, such as the main trial. It is also reasonable to be absent from court hearings if you are injured or otherwise incapacitated.
Contact Our Louisiana Personal Injury Lawyers to Discuss Your Legal Options
For a confidential legal assessment for free, call our New Orleans, LA personal injury attorneys at the Schoenfeld Law Firm at (504) 688-7760.
