There are many steps in a personal injury case and knowing them can help you be prepared for what’s to come throughout the course of your case. Knowing what to expect is also a good way to determine whether you want to file a lawsuit.
Below, you’ll learn about the key steps that occur in nearly all personal injury cases.
Step 1: Discovery
Discovery is a phase during which Personal Injury Lawyers on both sides gather facts and information from the other side. It occurs as soon as you’ve filed your lawsuit and is completed before the trial begins. The point of the discovery process is to ensure that each side has the information they need to prepare their cases.
There are a variety of discovery types. First comes written discovery, where each side is questioned about their case and asked to explain their perspective of what happened. Don’t worry about answering questions you shouldn’t. Your lawyer will make sure that you don’t answer any unfair questions. During written discovery, you may also be asked to confirm or deny specific facts about your case.
A second type of discovery is document production. In this phase, each side requests documents from the other that may be relevant. Medical reports and records are some of the documents that may be requested. While your lawyer will take care of obtaining most documents, you may also have to gather and submit some documents. With good communication, this shouldn’t be a problem.
The third and final type of discovery is oral examinations for discovery, which can take anywhere from an hour to a week or more. You, as well as the defendant, will take an oath and answer the other side’s questions so they can get a clearer sense of the case, how witnesses will respond, and how each party will explain their side of what occurred.
During examinations for discovery, be honest and make sure that you only answer the questions asked without offering any information you are not asked for. Remember that all details related to your case will come out into the open during examinations for discovery, which can be difficult to handle.
Step 2: Trial
It’s common for personal injury cases to be settled out of court through a process of negotiations, resolution or dismissal.
Some cases do go to trial, however, in which case a judge or jury examines the evidence and determines whether the defendant is responsible for your injuries. The plaintiff will first present their case, trying to demonstrate that the defendant is responsible. Then the defendant will have a chance to refute the plaintiff’s account and show their innocence.
During a jury trial, first the jury will be selected. Next, both sides will make opening statements. This is followed by witness testimony and cross-examination. Finally, each side makes closing arguments and the jury is instructed to deliberate, after which they provide a verdict.
It is difficult to estimate how long each of these stages will take, but an experienced lawyer will be able to give you information on the timeline as your case continues.
Contacting a Personal Injury Lawyer
If you’ve been injured in an accident, getting in touch with a personal injury lawyer is an essential first step. They will help you determine whether you have a case, give you a sense of your legal rights, make sure you file your lawsuit in time, and help you get the compensation you deserve. Even if you are unsure whether or not to pursue legal action, meeting with a personal injury lawyer for a free consultation can give you valuable information about your case.
Now that you know more about the steps in a personal injury case, find out more by downloading our free personal injury recovery kit or book a free consultation with a personal injury lawyer.
