The Phases Of Personal Injury Litigation

Submitted : Mar 12, 2010   Word Count : 316   Popularity: 109
The process to personal injury litigation can be long and drawn out and few people outside legal professionals understand it. The process is more involved from hiring a lawyer to getting paid, and being familiar with how this works can help you in your own case, as a defendant or a complainant.

The first step that happens once you have found your attorney is the filing of the complaint in a courthouse. One the attorney has viewed the case they will make a formal claim for damages as the result of an injury. The defendant will get a chance to reply to this and tell their version of the incident.

It will then go into the discovery and motion phase which lasts from the time a complaint is filed to right before the case goes to court. Both sides use this time to gather evidence to support their side of the story, gather documents and forms for admissions of evidence. Motions are also filed at this time, which is contesting parts of the discovery from being seen at a jury, if and when it gets there.

In many cases, they will settle out of court. If this has not happened, then a trial before a jury will commence. Both sides are allowed to present their case and all the evidence throughout the process to get a verdict.

If the jury finds in the victim's favor, then they can award a monetary compensation to them for injuries that were sustained. They may give this as a lump sum, or allow the defendant to make payments out.

A personal injury litigation can be a long process, and is frustrating to many people having to wait for all the steps. Finding a qualified attorney who has experience with personal injury can help to make the process go by smoother and allow you to live your life normally again.

Written by Ben Sparks Top Author

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