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Personal Injury Lawsuit Process

38. Personal Injury Lawsuit Process1When you file a personal injury lawsuit, it is only right to know what to expect every step of the way. This keeps you from experiencing any surprises. When you have an attorney representing your interests, you also receive the advice and guidance that you need through this process. However, keep in mind that all personal injury cases are unique, but each will have common elements that every case has.

If you have been injured due to no fault of your own, the first step to filing a personal injury lawsuit should be consulting with a Philadelphia injury attorney so it can be determined whether or not you have a case. If you do, the process can begin. At Brotherly Law, we evaluate your case and, once we determine that you have grounds for a lawsuit, we immediately begin working on your case.

Basics of the Injury Lawsuit Process

When clients come into our office for the first time, they usually don’t know if the legal system is going to see their case as legitimate, nor do they know what is due to them. If it appears that the damages are more than what can be claimed in small claims court, then an exploratory investigation can be done.

Through an exploratory investigation, it is determined whether or not the person at fault has any kind of insurance or assets that can be used to satisfy the compensation due to the plaintiff. This investigation will determine the viability of the case, so the attorney will enter into a fee agreement with the plaintiff. This is the point at which the plaintiff officially has an attorney.

A Complaint is Filed and the Defendant is Served

After establishing that the case has merit, the attorney will file the personal injury complaint. The complaint is the first case document, which lays out what the plaintiff says the defendant did to contribute to the accident that caused their injuries. This is a very broad description, as the thorough investigation hasn’t yet been done.

Once the defendant is served, they will then hire an attorney to help them with their defense. Just as the victim’s attorney conducts an investigation, the defendant’s attorney does the same in order to cast doubt on their client’s responsibility in the accident. It is the plaintiff’s burden to prove that the defendant was responsible.

Pre-Trial Litigation

The pre-trial litigation phase of the personal injury lawsuit process, both sides will ask each other for witness information and evidence. This is called the “discover” phase. Both sides will appear in court so the judge will know how the case is proceeding. The parties may or may not agree to mediate or arbitrate, so that results in a trial date being set.

As the discovery phase moves forward, both sides will schedule depositions on the witnesses and the opposing parties. There will be examinations and cross-examinations outside of the courtroom, but everyone is still under oath. This is a process that can take months or years as the trial date is usually set back until the discovery phase goes as far as it can.

It is also during this phase that the defendant can request that the judge throw out the case on “summary judgment” because the plaintiff can’t win at a trial. As a case moves closer to trial, the parties will engage in settlement conferences, make motions to determine the evidence allowed at trial, select a jury, and then make preparations to go to trial.

Settlement or Trial

38. Personal Injury Lawsuit Process2Settlement is very likely before trial happens. Through settlement, the case ends and everyone moves on. Settlement is especially likely when there is no doubt as to the cause of the accident, who did it, and how much they need to pay. Sometimes it doesn’t take long to get a settlement and other times it does.

If the case moves to trial, then the attorneys for both sides represent their clients in order to make a jury decide what the appropriate action is. The defendant’s attorney works to prove their innocence, while the plaintiff’s attorney works to prove fault so that the plaintiff can obtain a monetary award. Even after the jury decides, it is possible for the defendant to appeal and appeals can take time. However, jury awards tend to be very large if a person can wait.

Experienced Philadelphia Injury Attorneys Giving You the Proper Guidance

There are specific steps that are taken in the injury lawsuit process. Some cases require more of these steps to be taken than others. Regardless of how the process moves in your unique case, you need an experienced attorney by your side every step of the way. At Brotherly Law, we have the knowledge to navigate the injury lawsuit process so you can fight for the compensation you deserve. To learn more about what we can do for you, call us at (215) 545-8500 to schedule a free consultation.

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If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.

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