Litigation is what happens after your loved one files a claim in a personal injury case. Your loved one enters into a process of litigation that will be complete once the lawsuit is resolved. Many people do not know what this litigation process will be like. This can be a nerve-racking time for your loved one, especially if they do not know what to expect. While the litigation process can be complex, you can break it into steps that are easy to understand.
The first step in the litigation process is the complaint itself. If your loved one is the victim of an accident caused by someone else, they may have sustained injuries. Your loved one can make a claim to receive damages.
If your loved one is considering filing a claim, they should contact a personal injury lawyer. This type of lawyer specializes in personal injury. They will be familiar with the litigation process. Having a personal injury lawyer help with your loved one’s case will make the process easier.
The lawyer will collect the necessary evidence to support your loved one’s claims. Then they will determine if your case is valid enough to make an official claim and seek compensation. Your loved one’s lawyer can also help you through the process of making the claim and filing their lawsuit.
The next step of the process is discovery and motions. Once your loved one files a claim, the at fault party has a chance to state their opinion. They can respond to the claim.
The discovery phase will then ensue. This is oftentimes the longest part of the litigation process. During this phase, both parties will gather the evidence that they need to build their cases. Evidence can include eyewitness accounts of the accident, photographs of the accident and documentation. It also includes medical reports and bills, police reports, etc.
This step in the process takes a long time because it is not easy. Sometimes it can take months or even a year to complete this step. During this time, an attorney can also file legal motions.
Once the discovery and motions phase is completed, consider alternatives to court. Depending on the circumstances, they might want to partake in mediation or a settlement.
Alternatives to Trial
These are alternatives to taking the case to trial. Your loved one can explore these options. If you think they aren’t offered the compensation deserved, your loved one can take the case to trial.
The trial process can last anywhere from two days to two weeks. During this time, your loved one’s personal injury lawyer will argue the case before a judge and a jury. They will present the facts and information obtained during the discovery phase. The opposing party’s lawyer will present their client’s case, and a verdict will be reached.
At the end of the trial, your loved one will receive the appropriate compensation for their loss. If the case goes to trial, compensation is decided by a judge or a jury. If you decide to settle the case, the defense will offer your loved one a compensation amount. Either way, your loved one should get compensation for their injuries and trauma. To make sure that your loved one makes the right decision about compensation, contact an attorney. They can help you determine how to proceed with the case.