Eight Steps To Personal Injury Success

If you have been injured through someone else's negligence and are considering hiring a personal injury attorney, you may be concerned about the process. Just knowing what's happening next lends reassurance in a troubling time. There is no need to be stressed out by the unknown; read here for the 8 steps in a personal injury case progression.

1.  Meet with your attorney: The initial meeting will involve an interview about your case, including your experience, what has happened since the accident, who you have spoken to about the case, any medical care, etc. You will likely sign a contract if the attorney agrees to represent you.

2.  Filing of the Complaint or Petition: Legal documents detailing your case, why you feel you have a case and what you want to happen as a result. You have now "filed suit". This important step will give notice to the defendant (who you are suing) of the case.

3.  Discovery: This can be thought of the trial before the trial. Both parties share information and evidence with each other, so that cases can be prepared. The keystone of discovery are depositions; in-depth interviews under oath.

4.  Motions: A variety of documents are filed with the court, some of which are:

  • Motion to Dismiss: used if the opposing party believes that there is no valid case.
  • Summary Judgment: used to get the judge to rule on the case before trial begins.
  • Motion for Default: used when a party fails to appear.

5.  Settlement: Offered by the opposing party to end the case. Based on the evidence known at the time, the amount offered is usually less than what was originally petitioned for. Interestingly, 95% of personal injury cases are settled before trial begins.

6.  Trial: The actual case is heard before a judge and sometimes a jury as well. A jury is chosen, opening statements are given, witnesses take the stand, closing statements are given and then the verdict is heard.

7.  Judgment Collection: If you win your case, the next phase is the collection of monies from the opposing party. This sometimes involves filing more motions and discovery.

8.  Appeals: In this phase the trial is looked at by a separate court to make sure that the rule of law was followed correctly. Appeals can be pushed to a higher court and be lengthy to resolve.

The eight steps above should help keep you informed about the general progression of your case through each of the eight steps. Your personal injury attorney from a firm like Marcus & Mack can serve as an invaluable resource throughout this confusing and stressful situation.

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