The start of all personal injury cases involves the most basic requirement: an injury to a person. While you might have other considerations on your mind if you are injured by another person’s negligence, it helps to know what the general process of a personal injury case is, should you decide to find an attorney to help you with your case.
Meeting With Your Attorney
The initial meeting between an attorney and a potential client, generally known as a consultation, allows the attorney to get an idea about the general events and facts in a case. This also allows the attorney to evaluate a case, and to decide whether he or she has the time, resources, and skill to take on a case. Some things an attorney considers when evaluating a case include:
- The amount of time that has passed since the date of injury;
- Evidence presented by the client of the injury;
- Potential evidence that may be obtained in the future;
- Availability of witnesses;
- Ability of person or organization that caused the injury to provide compensation; and
- Any costs expected.
If the attorney agrees to represent an injured person, interaction with the other party begins. At this point, an attorney can choose to send a demand letter to the person or organization responsible, demanding compensation for the client’s injuries.
The Complaint and the Answer
The complaint is a document that brings the case to the attention of the court. A complaint contains vital information, such as the name and address of the plaintiff and defendant, a statement of the injury, and a request for recovery. After the complaint is filed, the plaintiff’s attorney will have to serve the complaint on the defendant. Once the defendant has been served, he must then file an answer with the court and serve the answer on the plaintiff. Once the answer has been served on the plaintiff, the discovery process begins.
Discovery and Negotiations
Discovery is perhaps the longest process in the timeline of a case. In the discovery process, both parties gather and examine as much evidence as possible in order to strengthen and find weaknesses in the case. At this point in the case, both parties are allowed to question the opposing party through interrogatories, depositions, and document requests.
As discovery goes on, there is plenty of time for negotiations to continue. While one might think that all personal injury cases are settled in court, many cases wind up settling outside of court. There are many reasons for a party to settle a case, which may range from desire to avoid a lengthy trial to the desire to avoid bad publicity.
Motions
Motions are a way for attorneys to bring issues to the attention of the court before, and even during trial. One such motion, the motion for summary judgment, is considered to be the most vital motion to file before trial. In order to obtain summary judgment, a party must show that all available evidence, even when shown in a light most favorable to the opposing party, does not support the opposing party’s position. If a party succeeds, then the court will make a judgment in favor of the party filing the motion. If it fails, however, then the court moves along to the trial.
The Trial
In the trial, both parties are allowed the opportunity to present their evidence to either a judge or a jury. Ultimately, it is up to the judge or jury to decide which party established stronger evidence to support their claim. Once a judge or jury has heard both parties’ cases, they will then give a verdict that decides whether the plaintiff recovers, and if so, how much.
After the Trial
If the court gave a verdict for the plaintiff, then the next question is generally that of collection. While it may seem like a simple matter to collect on the money that is owed, there are many situations where an opposing party might refuse to pay or might simply be unable to pay.
Furthermore, if a party feels that the judge or jury made some error of law, then he may appeal the verdict to a higher court. If the appeal is successful, then the case is generally sent back to the lower court so that it may be retried under the correct standard of law.
While the path of a personal injury case might be long and winding, you do not have to do it alone. The skilled personal injury attorneys at Harrell & Nowak can help if you have been injured. Call us today for a consultation.