Being involved in a personal injury case is not something you can settle immediately. If you want to file a complaint and get compensated for the damages that the other party have caused you, maybe because of an accident, you need the expertise of a personal injury lawyer.
Yet, you shouldn’t leave everything in the hands of your lawyer. Take the initiative to educate yourself even if it is only about the basic so that your “jaw-dropping moments” would be lessened. Also, you won’t appear clueless and dumb. Don’t you think so?
Have a good grasp of the legal procedure in litigating a personal injury case. Read the following stages of the legal proceeding:
1. Notifying the other party of the intent to file a lawsuit.
Initially, after a counseling and before the limited period ends, your lawyer will notify the defendant’s insurance company.
2. Filing a complaint or generally called “pleading.”
If both parties do not settle before a formal lawsuit, the plaintiff can now file a complaint. The complaint should contain significant details about the court, the facts of the incident, the applicable law or legal basis, and the damages done and how the wronged party would like to be compensated.
3. Discovery.
The next phase is discovery. This is the formal process by which the plaintiff gathers relevant information to prove his/her stand. Same goes to the defendant, which he/she gathers information to defend his stand.
Thereafter, an “Examination for Discovery” happens, or the so-called exchange of information. This is when a meeting between opposing parties takes place to ensure that all necessary information and documents needed for the trial is on-hand and ready. This phase can also lead to settlement.
4. Pretrial motions.
In this part of the legal proceeding, either of the parties can raise motions. The other party requesting to exclude a certain evidence from trial. The motion of summary of judgment, which the other party seeks for an appropriate relief that they are entitled to but denied by the opposing party, pursuant to the law.
5. Settlement talks.
A settlement usually happens where the other party offers a settlement. If this happens, your lawyer should review first and assess the offer, then give you an advice and his/her opinion, if the offer is justifiable and whether you should accept it or not. Once you’ve decided to accept and sign the settlement, the case is closed. You can not back down anymore and claim more compensation.
6. Trial.
If you did not agree with the settlement offer, the case can go to trial. You can now use the evidences and information you’ve gathered to prove that the defendant is guilty of the unlawful act and, therefore, take the proper compensation you are entitled to receive. In return, the defendant is also given the opportunity to present any evidence to prove his/her innocence.
7. Verdict.
A verdict or final judgment is rendered by the jury or the judge at the end of the trial. It would determine if the defendant is liable for the act and how much he/she owes the plaintiff for the damages.
8. Appeal.
One party, especially the unsuccessful one, if the verdict seems to be incorrect for them, they may apply to appeal the final judgment. Whereas, the court may or may not approve and hear the appeal, depending on the case, such as, if the judge conducted a mistake relying to a wrong interpretation of the law.
You can go through every stage of the legal proceeding smoothly by hiring an experienced and the most reliable personal injury lawyer in your area.
Visit Wise & Donahue, PLC at 18 West Street, Annapolis, MD 21401 or just contact 410-280-2023.
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