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5 Steps If Litigation in A Personal Injury Law Suit
Like most legal cases, personal injury has distinct categories of stages that a lawsuit has to go through. Knowledge of the process assists one to engage their lawyer in the best way possible.
Here are the steps involved:
- A Court Case and The Position of The Applicant
Personal injury litigation process starts with the filing of a complaint by the injured party seeking to have the defendant held legally liable for the harm suffered, the nature of the harm and the legal grounds for the personal injury lawsuit. The role of the plaintiff, as the aggrieved party comes into focus in this stage.
- Discovery Process and Proof Collection
In the discovery phase, usually information and proof that may be useful in the case are shared between both sides. This may include, interrogatories, document production, and deposition. Items like medical records, witness statements and professional opinions are needed in formulation of an efficient civil lawsuit to back up the plaintiff’s positions.
- Negotiation, Dispute Resolution, Pre-Trial
Trial, the factual issues, the legal issues, the pleadings, Motions, Settlements, New procedural tools are discussed in this phase. After the discovery stage is an effort made at reaching a settlement at trial or the use of other forms of ADR like mediation or arbitration. Such processes seek to bring an end to a case without going to trial, which may be beneficial to both the parties because of time and money. Majority of the personal injury claims are resolved in this stage.
- The Trial Process in Detail and Courtroom Proceedings
If there is no settlement, the accidental case goes to trial. The stages of a trial include jury selection, introduction, issues in dispute with evidence, fact and legal opinions and finally the last arguments. The plaintiff’s legal representatives come forward to give their argument and this is a time when the defendant will be giving his/her side to the personal injury allegations.
- Actions After Trial and Appeals
After the trial, one or each of the parties may make post-trial motions. However, if the either party feels that they have been unfairly judged they can appeal politely for the higher court to re-consider it the case on grounds of legal complexities. Although litigation may seem and be complex, lengthy affairs, having personal injury lawyers on your side makes it a much easier process.
Why You Need to Hire a Personal Injury Lawyer for Your Case
Successfully Personal injury lawsuit is a very complex process and should involve hiring a lawyer. Some research studies found out that those who hire a personal injury lawyer receive about three time what an unrepresented person would receive.
In short, you need an attorney for:
- Legal Expertise: I know that compensating a particular tort as well as going through intricate procedures calls for knowledge in issues to do with personal injury.
- Evidence Gathering: Lawyers have all the time and materials to collect favorable evidence that would support your case
- Negotiation Power: On the part of the Insurance companies, there are always skilled negotiators.
A lawyer equalizes the odds for fair compensation that will cover all the damages you have suffered. In general, an injured person has a higher chance of winning their legal case and receives the maximum amount of compensation if they hire a personal injury attorney.
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