Pre-Trial Phase of
Injury LitigationPre-trial phase
Both sides have the opportunity to discuss the merits of the case and decide on the next step. In certain cases parties, the parties may decide to settle the case prior
injury litigation to it going to trial. In other instances the parties go to the court to present their arguments to the judge. During this time, the parties will collect evidence to help them prove their case.
In most personal
injury lawsuit cases there is a pre-trial period. The case details will determine the length of the pre-trial. The pre-trial timeframe will be shorter if the case is straightforward. However, if the case is complex, the pre-trial period can last for a long time. This can make it more difficult to gather all the evidence necessary and can cause delays in the case.
The pre-trial process in
injury settlement litigation begins when the plaintiff's lawyer submits a formal complaint to the civil courts. The complaint will outline the details of the incident and state the reason the reasons why the defendant was in the wrong. The defendant will then get an opportunity to respond to the complaint. The defense will then present their side and explain why they are not at fault. The defense will also try to prove that plaintiff failed to prove their fault.
The discovery phase is where the plaintiff and defendant collect all the evidence they require to prove their case. This includes police reports as well as witness statements, photographs and videotapes. The plaintiff will make use of these evidence to prove that the defendant was in fact at fault. The defendant will also need to prove the existence of his insurance coverage. These documents and videotapes will be used in the courtroom. The process of discovery can be lengthy, but it can also result in admissible evidence in the courtroom.
The discovery phase is a very important part of the personal
injury litigation lawsuit. It gives the injured party a chance to understand the power of the other side and what they can expect to be compensated. It also gives an opportunity for the parties to find a common ground. This will increase the chances of settling the case before it goes to trial.
Pre-trial conferences consist of meetings between attorneys from the parties to the case. It is an ideal time to establish dates for discovery and set deadlines for pleadings. This will save time and help avoid unnecessary problems.
Each side will present their case to the juror or judge during the trial phase. The judge will then present the case to the jury. He or she will also establish legal guidelines for the defense. The jury will then announce its verdict to the parties in the courtroom. The jury will then decide the liability of the defendant and how much money the plaintiff is entitled to.
During the trial, the plaintiff will attempt to establish that the defendant is liable for the damages. The plaintiff will have the opportunity to respond to the defendant's allegations. In addition, the plaintiff will provide suggestions to the judge. The plaintiff will question the defendant, but will not be able to testify in the opening statement.