Some personal injury cases are straightforward, and the defendants and complainants agree on a settlement amount without the need to file a lawsuit. However, others involve complex issues that require the court's intervention. For instance, the at-fault party may deny liability or blame you for being partly at fault. Their insurance provider might also refuse to offer you a fair settlement even after you provide evidence that their client was responsible for your injuries. In these instances, your attorney might recommend you take your case to court. Here's how you will proceed with the lawsuit.
Filing A Complaint With The Court
If you decide to litigate your injury case, your lawyer will file a complaint with the court. It should explain the facts of the case, including how you suffered injuries and the legal causes of action you'd like to take against the parties responsible for your injuries. The court will then notify them of your intention to sue. Then, the defendant will have a specific timeframe to respond to your complaint. Their response might include arguments distancing them from the accident that caused your injuries. Moreover, you should know that the liability insurer will hire defense attorneys to respond to your complaint.
Making Discovery Requests
In the discovery phase, your attorney will contact the at-fault party to request information concerning your injuries. They might also invite them to provide verbal testimony or written answers to specific questions under oath. Your lawyer can also ask the defendant to provide documents that will be useful in proving liability. Usually, the defendant's records will enable your lawyer to understand the case better. For instance, they will let them know the options to explore to ensure you get the most favorable outcome in your case.
Arguing Your Case in Court
The last phase of the litigation process is trial, where you will argue your case and prove that you deserve compensation. At this stage, your lawyer will provide evidence to prove why the defendant should compensate you. They may also present witnesses to testify for you. Following this, the judge will allow the defendant to defend themselves. They will then deliver their ruling, which may include an order compelling the defendant to compensate you depending on the facts of the case.
If you can't agree on a settlement out of court with the parties responsible for your injuries, you can litigate your case in court to compel them to compensate you. Contact a personal injury lawyer for more information.
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