The Discovery Process of Personal Injury Cases
If you are dealing with an accident and injury lawsuit you will find that this can take many forms. But with that being said, the basic stages of personal injury cases are generally all the same.
With every lawsuit that there is a discovery phase that will take place before the trial does. This phase is one that will allow each side of the case to gain facts that are relevant from the opposing side.
This process that takes place will lower the possibility of a surprise coming up. It will also allow both sides to prepare for the case totally.
There are some steps to the discovery process.
Written Discovery
The first step in the discovery process of personal injury cases is written discovery. This consists of interrogatories and requests made for admission. Interrogatories are questions that need to have your version of the facts you have along with your claims in the case.
There is another type of written discovery you will find. That is a request for admission. This is when a person asks about certain facts and they need to admit or deny these facts in regards to the case.
With that, there are some limits to how many interrogatories and requests for admission that each side can ask.
Document Production
In this process, each side will ask the opposite side to provide documents that are essential for the case.
The documents that have been requested will be different, it all depends on the type of case that you have and are dealing with… it can include all types of things that can vary from business records and even to medical records.
Due to the fact that technology is getting better, courts have begun to allow computer files to be a part of the document discovery and production.
Depositions
This is another tool that is important to the discovery process. A deposition is when a person is under oath and they answer the questions that an attorney asks. There is also a court reporter that is present so they can make a transcript of every single word said during the deposition.
You will find that there are a lot of reasons that someone has to be deposed; every single attorney involved has their own strategy when it comes to depositions.
One of the most common reasons there are depositions is so they can lock a person into their story, to see what the other side has to say about the issue and to see just how a witness will show themselves and how they will act when they are in a trial situation.
Personal Injury Cases FAQ
Countless questions appear in personal injury cases. The really common ones are:
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What Should You Do After The Accident?
Always take photographs of the sustained injuries. Then, go to the doctor. Follow the health care plan prescribed by the doctor and never miss follow-ups. In addition, write narratives so you do not forget anything. Also, follow attorney instructions.
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Will You Go To Trial?
Most personal injury cases will not go to trial. They resolve through settlements. However, some personal injury cases reach the trial phase. This usually happens when facts or serious legal matters are disputed.
Carefully build your cases. When you do this, the possibility of reaching a trial is really low. Always hire attorneys when going to trial.
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What Is the Worth of my Personal Injury Case?
You cannot precisely value the injury claim. However, you can guess approximate values.
Claim value includes all economic damages, lost wages, and physical therapy, among others. Totaling losses is the first step. Then, you multiply this by 1.5 for moderate injuries. Use 5 for the severe cases. This offers a rough understanding of how much the personal injury case is worth.
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What About Partial Fault?
Did you play a role in what caused the injury? When this happens, some money can be recovered. But this depends on many factors, including what percentage of fault was attributed to you. Only a specific share is available.
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How Much Time Is Available for Filing Personal Injury Claims?
Statute of limitations means the time you have to file the personal injury claim. In most cases, the legal period is 2 years. At any point in time, you can file the claim during this period.
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How Much Will a Lawyer Cost?
Usually, personal injury attorneys do not charge money upfront. They basically work for free until the claim is successful. When the claim is paid, the attorney takes a percentage of the money to cover legal service fees.
It needs to be mentioned that lawyers deduct costs paid upfront so that the case can proceed. The attorney always discloses what percentage is charged and the legal fees charged. Never hire an attorney that asks for payment up-front. Such a lawyer just wants to trick you.
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How Do I Maximize The Settlement Amount?
This is one of the most common questions asked by injured parties. You maximize the settlement by building a really strong case.
You practically need to understand everything associated with the case. Whenever you have doubts, you need to hire a personal injury attorney. The specialist will help maximize the amount, according to law.
Getting a Personal Injury Lawyer
If you have found that you have sustained an injury and that you think or know someone else is the responsible party for this happening, then you should strongly consider getting in touch with a personal injury attorney.
When you do this you will be able to talk about your legal options. It is important that you don't go over the time limit that you legally have to file a personal injury lawsuit, you need to get in touch with an attorney very soon after the injury has happened.
