Having you recently been involved in a car collision? If so, you’re not alone.
In fact, thousands of people are involved in car-related accidents each year, leading to severe injuries or even death. When this happens, you need to make sure that you have the best legal representation to get the settlement you deserve.
But what can you expect at your personal injury trial? Well, you’ve come to the right place for answers.
This article takes a look at the legal process for a plaintiff once the case goes to trial. Keep reading to discover inside how to make sure you get justice for bodily injury liability.
Filing the Claim
The first stage in the litigation process for your case is to file your claim against the defendant. This part of the process involves presenting a demand for compensation for the bodily injuries you’ve suffered.
Your personal injury lawyer will file a claim in court, send a letter to the defendant, and serve the defendant’s representatives with the complaint.
The purpose of this filing is to fully present your version of the events surrounding the accident, including the reasons why the defendant is liable for your injuries, as well as the compensation you’re demanding.
Discovery Phase
Next comes the discovery phase of your lawsuit. This is the part of the process when both parties gather and exchange evidence, and explore the various avenues for moving forward toward either a pre-trial settlement or begin to prepare for the actual trial.
The discovery phase also gives both parties the chance to get a more complete understanding of exactly what happened, both at the time of the accident and immediately afterward.
Motions and Hearing
Most people don’t understand that much of the proceeding in a personal injury case actually takes place long before the case goes to trial. There will likely be several motions and hearings involved prior to any settlement or court date.
For example, your lawyer might find it necessary to ask the judge for a summary judgment. This means that the judge would acknowledge that the facts of the case leave no room for doubt. Or the attorney for the defendant can file a motion for the case to be dismissed based on procedural issues. This could include a lack of jurisdiction.
Negotiations
In many cases, a settlement will be negotiated before the case ever reaches trial. For example, the defendant’s lawyer might offer a settlement amount for compensation. This typically leads to negotiations until both sides finally agree on the settlement amount so that the case is dropped.
Jury Selection
If the case does go to trial, a jury must be selected. This can be a time-consuming process where both sides interview potential juries from a pool of citizens chosen at random by the court.
The Trial
Once the case goes to trial, both sides will present their arguments to the court. And when arguments are completed, the jury will render a verdict.
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After the Trial
Once the verdict has been rendered, your attorney will collect your settlement money. Then they will deduct the are owed, and give you a check for the final settlement amount.
A Guide to What a Plaintiff Should Expect at a Personal Injury Trial
Getting hurt in an accident is never a pleasant experience. Fortunately, this guide to what to expect when going through a personal injury trial will help make the process less stressful.
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