If you have been the unfortunate victim of an accident caused by another person's negligence and have suffered injuries as a result of that accident, you may be entitled to recover monetary compensation. A personal injury attorney can work with you to determine if you have any legal claims and whether or not those claims will be successful. There are many stages of a legal proceeding, from the initial filing of a lawsuit to a jury trial to determine liability and how much, if any, monetary compensation you will receive.
During the initial pleadings stage, the personal injury attorney will file a complaint on behalf of the plaintiff. The defendant must then file an answer where he or she admits, denies, or denies knowledge of the facts that the plaintiff set forth in the complaint. He or she can also file affirmative defenses, or justifications of his conduct, to the complaint. Additionally, they can also file counterclaims alleging fault of the plaintiff, which the plaintiff must then answer.
The next stage is discovery, where the two sides exchange and gather evidence to bolster their claims and counterclaims. The personal injury attorney can take depositions, where they question the opposing party and its witnesses. The other side can take depositions as well. The parties can also submit written interrogatories, demand documents, and issue subpoenas for evidence.
Third, the parties file and argue motions. Motions are requests for the court to rule on a matter, which can be an evidentiary issue, asking the judge to dismiss the case, or compelling a party or witness to produce information. The rulings the judge makes during the motions stage can have important consequences later on during the trial.
Next, the parties will engage in pre-trial preparation. This involves going over the evidence, formulating arguments and case theories, and figuring out the best way to present the evidence so that the jury will understand what they are hearing and stay engaged throughout the trial. Most likely, this will include visiting the accident scene, extensively preparing witnesses, and trying to gather additional evidence.
Finally, if a settlement cannot be reached, the case will go to trial. Here, the personal injury attorney will argue on your behalf in front of the jury to convince them that the other party is liable and that you deserve to be compensated for the injuries you've sustained. They will make an opening argument laying out the facts surrounding the accident, the evidence that the jury will see and hear, and what your side expects to prove. They will then present this evidence by examining witnesses and admitting physical and documentary evidence through those witnesses. Once your side has rested, your lawyer will cross-examine the defenses witnesses to show inconsistencies and weaknesses in their arguments. Finally, they will present a closing argument on your behalf, emphasizing the strengths in your case and the weaknesses in the defendant's case.
Once the closing arguments have ended, the jury will deliberate. Whether or not the defendant is liable and the actual amount of damages is up to the jury. They can consider anything they heard during the trial and use their life experience and knowledge to determine the validity of each party's arguments.
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