The Stages of a Personal Injury Lawsuit
Entering a personal injury lawsuit comes with a lot of unknowns, as injuries and accidents create fear and stress on their own. However, we can testify that entering a lawsuit confidently and well-prepared is an empowering experience. An experienced personal injury law firm can help you through the process of filing a suit so that you receive fair compensation for your injuries, losses, and suffering.
If you need to file a personal injury lawsuit, turn to Davana Law Firm. We are a professional law corporation that serves Studio City, CA, and the surrounding region. Our legal team specializes in cases involving auto accidents, brain injury, premises liability, dog bites, slip & falls, and wrongful death. Plus, we guarantee to charge no fees until we win. Contact Davana Law Firm at (818) 501-1055 if you have experienced a personal injury.
Below, we explain the stages of a personal injury lawsuit:
Injury Creating Cause for Lawsuit
Personal injury lawsuits arise when one party injures another through negligence, whether willfully or accidentally. If you have been injured at someone else’s fault you should consult our legal professionals about starting a personal injury lawsuit.
Choosing the right lawyer for your situation is important. Carefully consider your options as you approach legal guidance. We suggest thoroughly researching the scope of practice, experience, and testimonials of your candidates. Have consultations with your candidates and review your options. To help you get started, read about the Differences Between Layers and Litigators.
Our work will begin with a consultation to determine how much your injury accounts for in losses. Injuries that account for $5,000 to $10,000 in losses should be taken to the local small claims court. The limit for small claims varies by state.
If your losses are more than the state limit for a small claim, we may move forward with an exploratory investigation. With the investigation, we will look at your insurance and assets for the possibility of covering a settlement or judgment.
After the consultation and exploratory investigation, we will determine whether your case is viable. If it is, we will reach a fee agreement and sign to begin our client-attorney relationship in which you are the plaintiff.
The Complaint is Filed and Served to Defendant
To open the case, we file a personal injury complaint in the appropriate civil court. As the first official document in the case, the complaint entails what the plaintiff alleges. This includes what the defendant did to cause injury to the plaintiff.
Following the complaint, we have about a month to locate the defendant and serve the complaint on them. We physically deliver the complaint to ensure that the defendant receives it. The papers will also include a date for the defendant to appear in court.
The Defendant Hires Attorney
The defendant has about a month to hire an attorney and let their insurance company know of the lawsuit. Like the plaintiff, the defendant must have insurance and assets to hire an attorney. The defendant’s insurance company will select and pay for an attorney if the defendant has not already done so.
There is a period before the trial known as the “discovery” phase where both sides ask one another for witness information and evidence. Both sides also appear in court to tell the judge how their case is proceeding and whether or not the plaintiff and defendant agree to either arbitrate or mediate the case. Depending on their responses, the judge sets a trial date.
Another aspect of the pre-trial discovery phase is deposition, in which opposing parties ask and answer questions under oath. Discovery and deposition can occur intermittently over months or years.
At the end of discovery, the defendant can ask the judge for “summary judgment,” wherein the judge may dismiss the case if the plaintiff cannot possibly win. However, a summary judgment is unlikely in a personal injury lawsuit.
Personal Injury Lawsuit Trial
Following the pre-trial, the trial begins, sometimes lasting several days. First, the jury decides if the defendant is indeed at fault. Second, the jury decides how much the defendant owes the plaintiff in losses.
Proceeding trial, either party can initiate an appeals process that can last months. If the defendant loses the proceeding trial, they must pay the plaintiff the determined amount.
The Most Likely Outcome
Personal injury cases usually come to a settlement before trial. The opposing parties can choose to settle at any point in the process, including before or during the case.
Davana Law Firm: Experienced Personal Injury Lawyer in Studio City, CA
Davana Law Firm will help you fight for compensation in a personal injury lawsuit. We offer excellent civil litigation services to residents of Studio City, CA. Our skilled attorneys have helped over 500 clients win damages for their injuries. As a personal injury law firm, we value self-discipline, intense research, in-depth analytics, and determination in fighting for our clients. Contact us today at (818) 501-1055 or fill out our online form.