The first day of trial is not the first day into the personal injury case. Despite the distinctive nature of most personal injury lawsuits, both the plaintiff and the defending party know that certain aspects are common to both parties.
What Happens Before the First Day of Trial?
A lawyer should be consulted before a trial is set so that he or she can determine whether the case is strong and valid. A consultation with a lawyer is not required, but it is an important step in establishing if a claim is valid and sufficient evidence is available for a favorable resolution.
Injury victims who obtain legal representation can expect the majority of stages of their lawsuit to go more smoothly than when they do not have legal representation. It may not even be necessary to hold a trial in some cases.
An agreement between the lawyers may allow the case to be resolved without the need to have a judge or jury determine whether the evidence presented is sufficient to support a conclusion. The process of seeking compensation often starts with the courts, with all proof provided by documents prior to a trial. The court case is only initiated when a judge deems these elements sufficient.
An Attorney is Hired by the Plaintiff before the First Day of Trial
If litigation is necessary in a personal injury case, you will usually need a lawyer. The incident must be documented with documentation proving the injury occurred. Evidence must be presented at the summary judgment hearing.
If this information cannot be provided, most cases are not pursued. Attorneys are needed when damages exceed the small claims court limit. State-specific rules may vary, but the typical amount is about $5000.
Legal professionals determine the validity of a case during or after consulting with the plaintiff, and these consultations are typically free. Investigations are conducted into the insurance policies and assets of the defending party if the case appears to be worthwhile.
Upon the conclusion of the investigation that the case is viable, the fee agreement between client and lawyer is finalized, so that the legal representative becomes the hired attorney.
An interview with a lawyer can result in one or more lawyers declining the case or referring it to another lawyer. A legal representative cannot divulge any information about the case to others, even if he or she decides not to take the case.
Due to the complexity of litigation, it is not the wisest course of action for some people not to hire a lawyer. There are some states that require that plaintiffs have legal representation.
Plaintiff Files a Complaint, and Defendant Hires a Lawyer
As soon as the validity of a case is established, other matters are considered, such as the statute of limitations. A personal injury claim is then filed by the plaintiff. Among the first official documents of the claim, this describes in general what caused the plaintiff to bring the claim against the defendant.
An attorney is given roughly a month to serve the other party after filing the complaint. The defendant is also given the opportunity to retain an attorney to protect his or her rights after this stage. This is usually done before the first day of trial.
What Happens on the First Day of Litigation
Personal injury lawsuits typically require assistance before the first day of the trial. But some of the time and effort is spent in trying to negotiate or settle the concern so that it may be completed before more time and money is spent trying to collect fair compensation for the injury.
It is common to settle for a negotiated amount. Most cases settle without going to court. Thus, the case ends effectively before the court intervenes and a judge or jury is required to render a decision. The process of discovery often leads to a settlement if the initial evidence fails to establish liability.
Why do You Need a Personal Injury Attorney?
Most lawsuits for personal injury cases are aimed at negotiating a fair settlement, so hiring a personal injury attorney is essential. If a settlement can be reached, your attorney negotiates the details.
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Posted in: Personal Injury