What Happens In A Personal Injury Case?

If you are involved in a personal injury case, you may be wondering what to expect. Here is a brief overview of what you can expect during a personal injury case whether you are the plaintiff or the defendant.

The first step should be consulting with a car accident attorney in your state. During this meeting you will learn your rights; your lawyer will ask you to gather pertinent information such as medical records, accident reports, and other documents that will help him/her to build your case.

Next, your legal counsel will file the legal papers for your lawsuit known as pleadings. After the papers are filed, your  attorney will now begin to gather more evidence to build your case. Witnesses will be interviewed as well as documents requested from your doctor or hospital, and insurance information will be obtained.

Pretrial motions may end your lawsuit before it ever gets to trial. Talking with your car accident attorney will ensure you understand the various motions that occur however the most common motions include motion to dismiss, summary judgment motion, and motion for default judgment.

Motion to dismiss can occur for many different reasons such as lack of subject matter, lack of personal jurisdiction, improper venue, insufficiency of process, and failure to state a claim in which relief can be given. Summary judgment motion occurs when the facts are in favor of one party over the other. The court is asked to consider the undisputed facts and apply the facts to the law and that the laws requires a judgment for the party that is bringing forth the summary judgment motion. A motion of default judgment occurs when a defendant fails to file a motion to dismiss in the allotted time or does not answer the complaint.

In the majority of personal injury claims, the lawsuit never goes to trial and is settled out of court, which would come next. Before agreeing to any type of settlement, consult with your car accident attorney to ensure you are receiving the compensation you deserve for you damages. If a settlement cannot be agree upon, the next step is the trial.