Given the fact that personal injury cases can be extremely unique, it might be quite stressful and overwhelming for an individual looking for a claim. Although, the cases might significantly differ from one another, there are certain key elements that both the plaintiff as well as defendant might expect to encounter. Personal injury cases that stem out of a medical malpractice or a road accident are very expensive and can typically take up three to four years to resolve. Within this period, the plaintiff might encounter a considerable shortage of funds owing to his medical bills and loss of workdays. However, there are certain lending agencies such as Settlement Lenders that provide personal injury loans to people, while the latter are waiting for the court verdict of their personal injury claim. Let’s have a look at the basic process of a personal injury case and the stages that occur in the court trial.
Hiring a lawyer
The first step in case of an accident or a medical injury is to determine whether you wish to sue the offenders or settle the matter without a trial. In case you wish to make a sizable personal injury claim, you can hire an experienced lawyer and proceed with filing a lawsuit with his assistance. Generally, if an individual has suffered significant injury or losses of some kind, it is advisable to hire a skilled lawyer who can aggressively contest the case against the insurance company, which will typically be adamant against yielding the settlement claim.
The stage that immediately precedes the actual court trial and deals with the investigation of relevant facts and evidences pertaining to the personal injury lawsuit is known as the discovery phase. The discovery phase also requires each side to share and disclose the respective information with the other party and be fully prepared for the trial. There are several legal tools in the discovery process namely written discovery, depositions and document presentation, which can used to unearth any hidden information relevant to the case.
Mediation and negotiation phase
Right after the discovery phase, the lawyers of both the parties may get together and try to negotiate a settlement without a court hearing. In some case, the claim can be settled with negotiation discussions between the two parties and the case can be dismissed even without even going to trial. However, if the negotiation talks do not yield a favorable result, the two parties can go for a legal mediation wherein they try to make a settlement with the assistance of a neutral third party known as the mediator.
The trial phase involves a series of successive hearings that take place in the presence of a judge in a courtroom. The trial starts with opening statements by both the plaintiff as well as defendant’s side. Both the parties are allowed to present their side of the story, and supportive evidences and witness testimonies in order to prove their point. The trial allows the plaintiff to put his point across and prove the relevance of his personal injury claim. On the other hand, the defendant and his lawyer have the right to cross examine the case and refute the facts and claims of the other party. After sufficient number of court hearings both the plaintiff and defendant are required to offer their closing arguments and step aside. After evaluating all the facts, figures and testimonies presented to the court, the judge announces the final verdict in the favor of either the plaintiff or the defendant.
If you find yourself in a situation where you have incurred any personal injury or damage on the hands of another individual, you should immediately consult a personal injury attorney and work out a suitable resolution for your claim settlement.
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