Pre-Trial Phase of
injury case injury litigationPhase prior to trial
Both sides are able to discuss the merits of the case and decide what the next step should be. In some instances parties, they may agree to settle the case prior to it going to trial. In other instances the parties go to court and present their arguments to the judge. During this time, parties will collect evidence to support their case.
In the majority of personal
injury attorneys cases, there is a pre-trial period. The case details will determine the length of the pre-trial. The pre-trial period is shorter when the case is simple. If the case is complicated the pre-trial timeframe can run for
Injury Litigation several months. This could make it more difficult to gather all the evidence required and could lead to delays in the case.
The pre-trial phase of
injury litigation begins when plaintiff's lawyer lodges a complaint with civil courts. The complaint will detail the cause of the accident as well as the reasons for the defendant's fault. The defendant will then be offered the opportunity to respond to this complaint. The defense will then present their case and explain why they're not at fault. The defense will also try to prove that plaintiff did not succeed to prove their fault.
During the discovery phase, the plaintiff and the defendant will gather all the evidence they require to construct their cases. This includes witness statements and
Injury Litigation police reports, as well as photographs, videotapes, as well as videotapes. The plaintiff will use these evidence to prove that the defendant was in fact at fault. The defendant will also have to provide proof of his insurance coverage. These documents and videotapes can be used in court. The process of discovery can be long but it can result in admissible evidence in the courtroom.
The discovery process in a personal
injury claim lawsuit is extremely crucial. This is because it allows the injured party to learn about the strength of the opposing side as well as what they can expect in compensation. It's also a great opportunity for the parties find the common ground. This will increase the chance of settling the dispute before the trial.
Pre-trial conferences are meetings between attorneys from the parties to the case. It is an ideal time to establish dates for discovery as well as set deadlines for the pleadings. This will save you time and avoid unnecessary issues.
In the trial stage, each side is required to present its argument to the jury or judge. The judge will then present the case to the jury. The judge will also establish legal guidelines for the defense. The jury will then declare its verdict to the parties in the courtroom. The jury will then decide the liability of the defendant , as well as how much the plaintiff should receive.
During the trial the plaintiff will try to establish that the defendant is responsible for the damages. The defendant will also get an opportunity to address the plaintiff's allegations. In addition the plaintiff will offer suggestions to the judge. The plaintiff will question the defendant, however, they are not required to testify in the opening statement.