
Overview of Personal Injury Cases
Several basic steps of current civil cases. However, it is important to note that at any point in the litigation process of plaintiff may decide to drop his or her lawsuit or settle with the defendant out of court. In some cases, the plaintive may not even need to institute a lawsuit to recover damages. Sometimes a simple telephone call or a letter from a law office can promote the necessary exchange without having to settle a claim. However, most civil cases generally proceed in a standard manner. In this blog post, we will provide an overview of how personal injury cases progress through different stages including the pretrial stage, filing a complaint, receiving an answer, discovery, pretrial procedures, trial, and post-trial procedures.
Complaint: After being injured or harmed in anyway, a plaintive may decide to seek out legal representation. The attorney will have the client sign a retainer, a written agreement authorizing the attorney to represent the plaintiff. The paralegal and attorney will conduct an interview or a consultation of the time. As the interview progresses, the fax must be compared with a element needed for the specific type of case. Even though the fax might seem like those of a prior case, each case while slightly different details that could change the results of the case. Accordingly, it is vital to obtain all evidence and facts available.
Answer: the answer is the defendant’s response to the complaint, and it must be filed with the court and served upon the opposing party the defendant’s response either admit to or deny the allegations and explain the reason for the denial assert affirmative defenses. Affirmative defenses may relieve the defendant viability in certain situations. One example and affirmative defenses to claim that the statute of limitations or the time for filing the lawsuit has elapsed. This is also the opportunity for if applicable.
Discovery: Discovery is the exchange of information and narrowing of the issues in a legal dispute. The nature of discovery depends on the type of claim that is involved if a case is clear cut and they are witness statements and photographs of the scene, it is possible that not much discovery will be needed. In a complex case involving for example exposure to toxic chemicals or a defect in a vehicle, the discovery of information can go on for years and involve electronic searches of millions of documents.
Pretrial Procedures: Depending on the type of personal injury case and your local jurisdiction, various pre-trial procedures may be scheduled. At any time from the informal telephone call to the defendant or his or her representative to the very trial itself, either party can bring motions before the court. One of the parties may seek the case dismissed or a motion. On the other hand, one of the parties might seek relief from unjust discovery demands or wish to compel the other party to reply to the demands. In some cases, a party may seek in order preventing the other party from introducing certain types of evidence to the jury at trial. The trial is your day in court. This is your chance to be heard and explain your side of an accident or incident. Few cases go to trial, most are settled at some point in the litigation proceedings. This is due to the time and expense usually required to go to trial,
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At Suarez & Montero Car Accident Attorneys, our clients know they can trust our team of highly experienced and well-informed car accident attorneys to deliver the type of aggressive legal representation needed to take on insurance companies. If you’ve been in any type of vehicular accident, let our motor vehicle accident lawyers review your claim! Our skilled Miami car accident attorneys will work around the clock to hold the appropriate parties responsible for your injuries. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us review your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation. We serve clients throughout Florida including those in the following areas:
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- Road Rage Car Accidents
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