Based on the types of accidents and damages, the personal injury cases can be different. But the necessary steps you need to take to handle such cases remain the same. In all such cases, the typical stages you should follow will be explained here. Other necessary information on filing cases, meeting an attorney, collecting on the judgement, about personal injury trial and many other things will be discussed here.

  • inessThe first step to deal with such cases starts with hiring an experienced attorney who will represent your case at the court. When hiring an attorney to go for the someone who has specialised in tort laws and knows all the laws of your state. The personal injury laws are different in every state. So, for Newport Beach, the newport beach personal injury lawyers can be the best choice. An experienced attorney should ask for the information related to your case. The time duration of your meeting depends on the type of your accident and information required to prove your claim. If your case is a straightforward one like cases of car accidents, the meetings shouldn’t last much longer especially when you will be organised and well prepared. But in complex cases like the medical malpractice cases, it takes longer than average as he needs to gather a lot of information for this.

 

  • The second step is filling the legal papers that you need to file in the court. These papers are known as the “pleadings”. This is the beginning of your case and you need to fill all these papers correctly as these are written documents from you and of the accused. You attorney will help you to understand and fill these papers appropriately. He will also help you to respond to the questions and the claims of the defendants. These legal papers are named differently in different states. The most common names of these papers are complaint/petition submitted by you, the Summons which is an order of the court, the Answer which is the defendant’s response, the Counterclaim which a defendant raise against the plaintiff, Reply to Counterclaim which you need to provide the court in reply to the defendant’s counterclaim, the Cross-Claim, Reply to Cross-Claim, the Third Party Complaint and Answer to the third party complaint.

 

  • The third step is the fact-finding process or the understanding and discovering process. American Legal system has the principle of the least surprises during the trial. This rule has been followed since the late 1940’s by almost all the states of America. According to this rule, all the relevant documents and facts should be disclosed to the other side beforehand. This process of disclosing is done in three methodical processes called as “Discovery”. The “Written Discovery” is the first stage which includes interrogatories and requests for Admission. The second stage is “Document Production” where both parties are shown documents related to the case and they are given enough time to go through all the related papers. The third stage is the “Depositions” where a person is questioned by the attorneys and their answers are filed for the trials.

 

  • The next step is trying to resolve the case before the trial. Many important questions about lawsuit are asked and resolved during the court motions. The “Motion” is a request by your attorney filed for asking permission of ruling any particular matter. If the dispute is settled during the motion, it is called dispositive motion. And if some more incidental questions arise during this litigation it is a nondispositive motion.

 

  • The following process of resolving is a settlement. In most personal injury cases the dispute is resolved before the court trials. The both parties agree on a compensation even before the case reach the civil court. This settlement is done by negotiating the compensation among the parties. It also happens that the simple cases like car accident cases are being settled outside the courtroom. In such settlements, the plaintiff agrees not to take any legal action for that incident in return for an agreed sum of compensation money given by the defendants. In some rare cases, the defendants don’t give any money but they agree for not taking any further action regarding that case. If you are the plaintiff and want to settle your case before filing it with the court you should take legal advice. He will help to take the decision which will be the best for you. The strength of your case, money and damage are main three factors you need to discuss with your attorney.

 

  • The final step is the Trial which takes place at the court in front of judges or jury. They examine all the documents related to the case to find out if by a “preponderance of the evidence” the defendant should be accused liable. In the trial, a plaintiff is given chances to argue against the plaintiff to prove him guilty. The defendant is also given the opportunity to present his evidence to prove the plaintiff wrong. After hearing both side’s arguments the judges decide whether the defendant is responsible or not.

 

Once the accusation is proved the right the plaintiff is provided with compensation by the court and the losing party is obliged to pay it.