When you get injured through no fault of your own, you have a right to seek damages. After all, a personal injury necessitates seeking costly medication attention, loss of wages and affects your enjoyment of life.
However, the process of seeking compensation is long. You need to understand every aspect of making a personal injury claim for better preparations and to manage expectations. This article will provide a comprehensive overview of the stages of a personal injury lawsuit.
Initial Consultation
The initial consultation (or the first meeting), by its nature, tends to be limited in time and depth. It allows the clients to introduce themselves and their case to the lawyer. On the other hand, the attorney will use this opportunity to understand the case you have on hand and whether your claim is viable.
They will ask numerous questions regarding your case and request documents regarding your claims. As such, you should be prepared to answer questions and produce documents substantiating your claim. Bring along any documentation on your case, including police reports, accident reports, medical records, photographs, video surveillance, vehicle data, witness statements, etc.
The attorney will evaluate the documents and your claims to determine their viability based on their experience. However, they may need to conduct additional due diligence before determining whether your claim is valid.
At the end of the initial consultation, you can expect the attorney to furnish you with information on the validity of your claim, whether you need an attorney, whether they can help you, and the cost of their services (is a contingency fee, flat fee, or hourly fee).
Filing the Complaint
A personal injury lawsuit begins when you file a complaint against the at-fault party, the defendant, in court. Through the complaint, you indicate that you’re seeking compensation for injuries sustained.
A complaint is a document that contains the personal injury allegations and other information, including:
- The defendant,
- Facts of the case,
- The legal basis of your claim,
- Legal claims,
- The specific injuries you sustained,
- Damages sought,
Like most court filings, filing a complaint requires one to adhere to the court standards regarding the form and content. Additionally, the case filing must be performed on time, ensuring you comply with the statute of limitations.
In Aiken and South Carolina, in general, the statute of limitation is three years from the date you discover (or should discover) the injuries. The defendant is made aware of the claims through court summons, after which they have 30 days to respond to the claims by either admitting or denying the allegations.
The Discovery Process
After the initial pleadings, the next stage is the discovery process. At this stage, all parties endeavor to obtain evidence (information relevant to the case). The complainant and defendant must specify the information they want.
The different components and processes of discovery include:
- Interrogatories: Written questions that must be answered under oath.
- Depositions: Oral testimonies taken under oath and recorded for later use.
- Requests for Production: Both parties might request the other party to produce and provide them with copies of the relevant documents and evidence.
- Requests for Admission: Statements each party must admit or deny.
- Physical examination: The plaintiff’s condition is examined by experts.
Discovery helps build a strong case and uncover essential information. By acquiring evidence, your attorney is able to prepare and develop strong arguments for your claim.
Pre-Trial Motions and Hearings
In personal injury lawsuits, pre-trial motions and hearings are done to try and avoid going to trial. For the plaintiff, their attorney may file a motion for summary judgment by arguing that the facts are undisputed. Therefore, you, as the plaintiff, should be granted immediate relief.
On the other hand, the defendant may file a motion for a motion to dismiss your case by arguing that you lack evidence or other reasons. If they prevail, your claim might be dismissed.
However, they can also be used to compel the other party to submit evidence.
Settlement Negotiations
During pre-trial motions and hearings, both parties can avoid going to trial by settling the case. During the settlement negotiations, your attorney will guide you on how much your case might be worth if you go to trial based on the strength of your evidence.
They will also advise you on your chances of winning the case in trial. Moreover, they will discuss your patience and ability to stomach a lengthy litigation process with you.
As long as both parties are satisfied, many people prefer a settlement instead of going to trial. Trials are time-consuming and stressful for many clients. However, the settlement must be acceptable to you as the plaintiff.
Some of the considerations you have in mind before accepting compensation include:
- The total cost of damages, including medical expenses and property repairs,
- The emotional impact of the personal injury,
- The impact of personal injury on your enjoyment of life and
- How much does the settlement offer near what your attorney calculated as the ideal damages?
Aside from settlement, the case may go to arbitration or mediation.
Trial Preparation
If you cannot reach a settlement during the discovery stage, the case will go to trial before a jury to determine whether the defendant should be held responsible for the damages sustained based on the evidence presented. The steps involved in the trial stage include:
- Developing a Trial Strategy: Your attorney will craft arguments, identify key evidence, and prepare witnesses.
- Mock Trials: Practice the trial with a mock jury to refine arguments and anticipate challenges.
- Pre-Trial Conferences: The lawyers will meet the judge to discuss the trial schedule and other logistical matters.
The Trial
The trial begins once you prepare for the trial and the schedules and timelines are established. Some of the key stages of a personal injury trial are:
- Jury Selection: Choosing impartial jurors to hear the case.
- Opening Statements: Presenting an overview of the case to the jury.
- Presentation of Evidence: Each side presents evidence and witnesses to support their claims.
- Cross-examination: Questioning the opposing side’s witnesses to challenge their testimony.
- Closing Arguments: Summarizing the case and urging the jury to reach a favorable verdict.
- Jury Deliberation and Verdict: The jury discusses the case and reaches a decision (verdict). These deliberations are done in a private setting.
The jury will discuss and determine whether the defendant is legally liable. If the defendant is determined to be legally liable, they will also determine the damages to award the plaintiff.
While most personal injury cases do not go to trial, you should choose a trial-experienced attorney like our Johnson, Johnson, Whittle, Lancer, & Staggs team. This ensures you have quality representation should you decide to go to trial.
Post-Trial Motions and Appeals
Once the judgment has been rendered, the defendant has a right to and might file a post-trial motion. The post-trial motion might be to seek a new trial, set aside the judgment, or reduce the judgment.
Alternatively, the aggrieved party may seek an appeal to determine whether the legal mistakes were made. During the appeal process, you may resume negotiating for a settlement.
Contact JJWLS Today for Help With Your Personal Injury Case Today
Pursuing a personal injury lawsuit can be lengthy if it goes to trial and even longer if there are post-trial motions and/or appeals. It involves initial consultations, complaint filing, discovery process, and pre-trial motions and hearings. After that, you can negotiate a settlement before heading to trial.
However, if unsatisfied with the settlement offer, you can head to trial to seek your rightful compensation.
As you can tell, personal injury cases involve are time-consuming. Not only can they be draining, but you also need to manage your expectations and make informed decisions. As such, you need an experienced attorney to guide and walk with you through the process. Seek a competent and experienced lawyer to help you navigate the complex process.
Did you get injured through no fault of your own? Johnson, Johnson, Whittle, Lancer, & Staggs might be able to help pursue your rightful claim. Drawing from over 40 years of experience, our attorneys have the requisite knowledge and experience working in Aiken to help you lodge a successful personal injury claim.
Contact Us Today at (803) 649-5338 for a Free Consultation.
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