What to Expect from Injury Litigation
When people think of personal injury litigation, they often imagine courtroom scenes like they've seen on television. That can be misleading, though, since the vast majority of cases are settled before they ever reach the courtroom stage.
Following a personal injury, you should always seek immediate medical attention and notify your own insurance company. If you are able, you should also photograph the scene of the accident and get contact information from witnesses.
In some cases, your insurance company will provide an attorney to represent you. Whether that happens or you find your own attorney, here's what to expect from the litigation process:
- Pleading. In this stage, the defendant is notified of the pending lawsuit and is given a chance to respond. Both sides use this time to gather facts and build their cases.
- Discovery. Attorneys gather evidence and take statements from those involved. Much like a chess game, each side evaluates its own case and tries to gauge the effectiveness of the opponent's case. Settlements often take place during this period, as the participants decide they'd rather not take their chances at trial.
- Trial. Both sides present their cases to a judge and/or jury. Witnesses are questioned and the admissibility of evidence is debated. In a personal injury case, the plaintiff must prove fault or liability in addition to establishing the extent of injury and any financial losses. The judge or jury returns a verdict after considering all of the evidence.
- Appeal. If a defendant is unhappy with a verdict, the next step is an appeal to a higher court. That court will uphold or reverse the verdict or remand the case back to the lower court (if it determines there was a procedural error or improper presentation of evidence in the original trial).
- Enforcement. When the appeal process has been exhausted, the defendant must comply with the judgment.
