Personal Injury victims sometimes need to file a lawsuit because they are unable to receive a fair outcome in the pursuit of an injury claim. For those who have never been in court, a lawsuit sometimes feels intimidating. Being prepared for the process and understanding what takes place in the courtroom helps victims to prepare themselves.
The process begins with a consultation appointment with a personal injury lawyer like the experienced professionals at Hadley Law Firm. The consultation is an essential first step for sharing information. If the lawyer takes the case, the injured client can expect their lawyer to handle every aspect of pursuing a lawsuit in court if necessary.
Filing the Lawsuit Documents
Attorneys must file certain documents before the injured victim can move forward with a lawsuit. The party that is being sued is considered the defendant and the injured victim pursuing the lawsuit is the plaintiff.
The lawyer files a complaint with the court that outlines the details of the accident and the types of suffered injuries and measurable damages. This document should also present the legal foundation for attempting to hold the defendant liable.
The Discovery Phase
The discovery process is a formal one that results in both sides sharing information. During this phase of the court process, the injured victim’s lawyer will likely send a list of questions to the defendant. Both sides of the lawsuit have the right to take depositions and sworn statements.
Pre-Trial Motions and Hearings
Many people do not fully understand the complexities involved in pursuing a lawsuit in court. There is more than simply filing a few documents and waiting for trial.
Pre-trial motions and hearings take place before a judge. In pre-trial, the defendant’s lawyer has the right to file a motion to dismiss, which could result in the lawsuit being dismissed by the judge.
The injured victim’s lawyer may also file a motion called a summary judgment that seeks to show the judge the facts of the case are solid and backed with evidence.
Negotiations for Settlement
While most personal injury claims settle outside of court, negotiations sometimes fall through. During the negotiations process, both sides will likely attempt to reach a settlement because they want to avoid court.
Negotiations begin with the initial demand of the plaintiff, followed by a response from the defendant. Negotiations typically involve a lot of back and forth until the two parties agree to a settlement. If the two parties cannot come to agreement, the process will proceed toward trial.
Though most personal injury cases do not make it to trial, sometimes this is the only means of settlement. There are two parts to the trial process. The first stage decides whether the defendant is liable for the measurable damages. The second stage involves the jury deciding how much compensation to award. Once the jury has awarded the injured party damages, the lawyer will go through the process of collecting these damages.
Court Process for Personal Injury Claims can be Lengthy
The court process for personal injury claims can sometimes be lengthy, depending on how willing both parties are to advance towards settlement. Personal injury claims can be settled outside of court and a settlement could even transpire before the jury comes back with a decision.
Contact Hadley Law Firm Today
If you have suffered a personal injury, seeking help from a lawyer is the first step toward getting answers. Call Hadley Law Firm today to schedule a consultation appointment. With legal representation, you are likely to receive a better outcome.