If you’ve been involved in an accident, educating yourself on the phases of a personal injury case can help you know what to expect in the coming weeks and months. A strong understanding of these phases can also help you decide whether or not to seek legal assistance and file a lawsuit.
Below, you’ll get a clear overview of what happens during a personal injury case from start to finish.
Discovery Phase
Once you’ve filed your lawsuit but before the trial occurs, you and your lawyer will be involved in what is called the discovery phase. During this phase, each side is provided with sufficient time to gather necessary facts and information from the opposing side. The discovery phase helps the trial run more smoothly and quickly because it gives each side ample time and information to fully prepare their case.
There are several types of discovery, all of which typically occur. The first is written discovery. In this phase, you and the opposing side will be asked a range of general and specific questions about the case, including details explaining your side of the story. During this process, your lawyer will help you field questions and ensure that you don’t answer a question that is unfair. Requests for admission, where you are asked to confirm or deny particular facts about your case, are also sometimes part of written discovery.
Document production is another form of discovery, where both sides request documents that may be relevant to the case. In accident cases, medical records and reports are commonly requested. Your lawyer will handle much of this phase, but you may be required to locate and submit certain documents as they are requested.
Examinations are the final type of discovery activity. During these sworn statements, you will answer a lawyer’s questions in a boardroom under oath. This helps each lawyer understand the opposition’s case better, see how witnesses will perform in court, and understand how each party will represent what happened. In terms of time, examinations can range anywhere from one hour to a few days.
During examination, you should answer only the questions asked without offering additional information. In addition, you should be honest when you are under oath and be honest with your lawyer. Your lawyer must know everything, even if it reflects poorly on you, in order to successfully argue your case. Finally, be prepared for all details of your case to emerge during the examination process.
Trial Phase
Many personal injury cases are settled out of court. Your case may be resolved through a process of informal negotiations, resolution, or dismissal.
If your case does go to trial, the evidence will be reviewed by a judge or jury to determine whether the defendant was legally responsible for your injuries. You will be able to present your case in detail to show that the defendant is liable. The defendant is given the opportunity to refute the plaintiff’s account of what happened to try and show that he or she is innocent.
If your personal injury case goes to trial, it will consist of the following phases:
• Jury selection
• Opening statements from both sides
• Testimony from witnesses, including cross-examination
• Closing arguments from both sides
• Presentation of instructions to jury
• Jury deliberation
• Verdict
The length of time for each of these phases will vary depending on the complexity of your case. Your lawyer should be able to give you updates on the timeline for the case as it proceeds.
When to Contact a Personal Injury Lawyer
If you have been injured in an accident through no fault of your own, it is important to contact a personal injury lawyer right away. There are strict time limits in place for filing a lawsuit, so being prompt is key. Even if you don’t end up pursuing your case, most personal injury lawyers provide a free consultation so you can better understand your rights. Going it alone in a personal injury case is often a bad idea, as the opposing counsel will be extremely experienced in discrediting your side of the case. Having equally experienced representation is crucial to winning the compensation you’re entitled to.
If you’ve been injured in an accident, book a free consultation with a personal injury lawyer and get the help you need.
