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Personal Injury Lawsuit Stages You Should Know

All personal injury victims need to understand the stages of the personal injury lawsuit. This is because every single step is a huge part of properly determining liability and damages. Being able to obtain compensation is all about what you will do and how you will act during the stages of the injury lawsuit.

Get The Help You Need

Regardless of what you might initially think, hiring personal injury lawyers like is very important. The attorney will always guide you through every single stage and will answer all questions you might have. However, before you even start the claim, you have to discuss the case with the lawyer. After hiring one, you will go through these steps:

  • Pleading

The lawsuit starts when the attorney files the formal pleading, which is officially known as complaint. This complaint needs to explain the reason why the defendant is sued. Also, it should include the damages that you seek.

  • Answer

A defendant will respond to complaints with the answer, which is basically a response to the pleading phase. This is an answer in which the defendant will admit or will deny the allegations you initially presented in the complaint.

  • Counterclaim

The defendant is allowed to file counterclaims and then request relief from you. This is possible when defendants believe that they were actually the party that was injured during the accident. Then, you can also respond to this counterclaim.

  • Discovery

The discovery stage is basically the formal process that implies gathering evidence and information about the personal injury case. The defense is building its case during discovery.

This is a stage that might include depositions, witness interviews, admissions requests, working close with reconstruction experts, and asking for documentation about what happened.

  • Pre-Trial Motions

There are several pre-trial motions possible. The most common ones you should know are:

  • Limine – This describes if specific evidence is excluded or not.
    • Summary judgment – This might claim that this case does not have to go to trial.
    • Dismissing – The motion asks the judge to eliminate the claim from a lawsuit.
  • Settlement Conferences And Talks

This can happen at any point in time before reaching the verdict. If parties agree to settle, the case is automatically closed.

  • Trial

If a settlement is not agreed, the case goes to trial. Attorneys plead the case and all evidence is presented by all parties involved.

  • Verdict

Verdicts happen at trial endings. They determine liability and how much the defendant will be owed in damages.

  • Appeals

The decisions of the court can be contested through an appeal. When the appeal is officially granted, the personal injury case will move to the higher court, which could reverse the decision of the lower court. However, the appeal can be denied, which means the decision of the lower court stands.

Problems can appear during every single one of the personal injury claim stages mentioned above. This is why it is so important that you never start a personal injury claim without the help of an experienced injury attorney.

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