If you have been injured due to someone else’s negligence or misconduct, filing a personal injury lawsuit may become inevitable. Navigating this legal process may seem intimidating at first; here we offer an outline of all legal proceedings related to filing one – from pre-trial procedures through evidence gathering and court hearings in an approachable way.
Pre-Trial Proceedings
A personal injury suit usually begins with pre-trial procedures as its first stage. This phase typically encompasses various steps designed to establish the framework for trial:
Hire an Attorney: If you have been injured and considering filing a personal injury suit, hiring an experienced personal injury lawyer is key for making sure the process goes smoothly, you understand your rights, and are properly represented before the court system. An experienced personal injury attorney will guide through each stage of legal process while standing up for you against insurers or others representing their interests against those injured parties in court proceedings. Our clinic has helped hundreds of patients find an experienced attorney. If you need help finding a personal injury attorney expert, call us today and we will connect you with one at zero cost!
Once You Hire An Attorney: Once you hire an attorney, they will draft and file your initial complaint on your behalf, outlining its legal basis as well as damages sought for.
Once a complaint has been submitted, it must be delivered to the defendant as the party who you’re suing and served upon them as soon as possible in order to allow them to respond accordingly.
Response from the Defendant: When responding to the complaint, defendants typically file an answer denying liability and raising any possible defenses or counterclaims that arise during litigation.
Discovery: Discovery refers to the process by which both parties exchange relevant information and evidence pertaining to a lawsuit, through the exchange of documents, written questions (interrogatories), depositions (which involve taking statements under oath), or request for documents (called requests for production) etc.
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Evidence Gathering
Once your personal injury lawsuit has begun, the next stage is gathering evidence in support of your claim. This involves gathering various types of proof which will strengthen it:
Medical Records: Medical records documenting your injuries and treatment are an integral component of any personal injury lawsuit, so your attorney will obtain and analyze these records to assess their impact on you and assess their extent in court.
Witness Statements: Witnesses to an accident or who can offer information relevant to your injuries can provide invaluable testimony for your attorney’s case. They should be interviewed directly and collected written or recorded statements as soon as possible from those individuals involved.
Expert Witness Testimony: Expert witnesses such as medical doctors or accident reconstructionists may be sought out to offer their expertise when providing opinions or interpretations on complex evidence.
Physical Evidence: Photographs or videos documenting an accident scene or damaged property can serve as critical visual documentation that supports your claim.
Court Proceedings
When your pre-trial procedures do not yield satisfactory results, they could proceed into court. Here’s what to expect during court proceedings:
Pretrial Motions: Before trial begins, both parties can file pre-trial motions addressing legal issues like evidence admissibility or summary judgement – these motions will then be decided on by a judge.
Juror Selection: When your case goes to trial, jurors will be selected from an online pool of potential jurors. Both parties have an opportunity to question them and challenge their selection as jurors.
At the outset of any trial, both parties present opening statements to outline their cases and describe any evidence they intend to present during it.
Presentation of Evidence: Both parties will present evidence, such as witness testimonies, documents or physical objects to support their case.
Closing Arguments: Once all evidence has been presented, both parties will make closing arguments to present their cases and convince a jury of its truthfulness.
Jury Deliberation and Verdict: Once evidence has been presented to them, juries will deliberate before reaching a unanimous verdict or declaring mistrial and having their trial retried.
Post Trial Motions and Appeals (PTMAs): After the jury returns its verdict, either party can file post-trial motions or appeals which can delay resolution of the case and prolong further legal proceedings. Personal injury lawsuits can be complex and lengthy proceedings, with an uncertain outcome. However, with an experienced personal injury lawyer by your side, the legal process becomes simpler and your chances of receiving fair compensation for injuries and damages increase significantly.
What It Comes Down To
Knowledge is power – having an idea of what lies ahead when filing a personal injury lawsuit will enable you to navigate its journey with greater ease and make informed decisions along the way. Be sure to communicate openly and regularly with your attorney, gather evidence quickly, and remain patient as the legal proceedings progress. As always, the professionals at Precision PT and Med are here to help you. If you’ve been involved in a personal injury, call us to schedule your free exam today.
Have A Personal Injury?
Visit us at NO COST!
- Exam and Advanced Referrals
- Physical Assessment & Consultation
- Attorney referrals if needed
- Medical managed physical therapy and chiropractic visits
- We offer non-opioid mail order pharmaceuticals if needed
