Important Information That You Need to Know about Personal Injury Lawsuit
Monday, May 7, 2018, 6:00 AM | Leave Comment
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What is a personal injury case?
These are legal disputes that come when one person suffers harm from an injury or accident that someone else was responsible for causing it. These disputes can become either a civil case or an informal settlement out of court.
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Do you need a lawyer for such lawsuits?
Yes, you do! A lawyer will be of great help at all stages of a personal injury lawsuit. A lawyer will provide you with proper advice in line with the injury laws of your state. Even if you choose to not allow the claim to reach the trial stage, the lawyer is always important during any negotiations and settlements. A highly experienced personal injury lawyer will help you get the right remedy for your case.
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What are the right stages of such kind of a lawsuit?
Though this case may take many different forms depending on personal choices, these stages can be used for almost all of them.
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Initial meeting with the lawyer – This is the very first meeting with your lawyer to brief them and get the advice of the appropriate steps to take. The purpose of this meeting is to determine whether the victim has a valid claim.
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Filing – This happens after the meeting with your lawyer has happened and you have agreed to pursue the lawsuit in court. This involves exchanging many documents between both parties as well as notices informing them of upcoming lawsuits.
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Fact-finding – This is the process of the opposing parties obtain information from each other to establish facts that surround the personal injury. Some information is hidden and known as privileged, meaning the opposing party can never access it.
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Pre-trial motion – Prior to the formal trial, both parties have a chance of filing preliminary motions. These motions serve as ground rules that both parties must follow during the litigation. Pretrial motions are very powerful and they can put to an end the claims set before the main trial begins.
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Negotiations and settlements – Some of these claims can be resolved even before the trial begins with a settlement process or negotiations. This saves both parties such valuable time as well as resources. In most cases, the parties may opt to continue with the trial in court instead of reaching an agreement.
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Trial – Formal civil trial involves the exhibition of physical evidence plus verbal testimonies that support or discredit the case. Both the parties’ lawyers use the presented evidence to support their own points of views and theories. This stage also has the opening and closing arguments from both parties.
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Judgment – The jury will give final judgment after the arguments from both parties have been presented. The jury may decide to issue a monetary damages award that the defendant is required to pay to the plaintiff as compensation for the injuries suffered.
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Appeal – If there is a legal error or dispute, either party may appeal. The error must be legal in nature for it to be accepted.
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