A Step-by-step Look at the Evolution of a Personal Injury Lawsuit

A Step-by-Step Look at the Evolution of a Personal Injury Lawsuit

Personal injury litigation that involves medical record retrieval can be complex and long-drawn out. Here is a detailed look at the evolution of a lawsuit.

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Personal injury litigation that involves medical record retrieval can be complex and longdrawn out. In personal injury claims, court proceedings may be initiated for a number of reasons. It may be that the statute of limitation period is approaching, and court proceedings need to be started to protect the claim from becoming statute barred.

Another reason is when liability is denied, or it could be that liability is admitted for a claim, but the parties cannot reach an agreement on the value of the claim.  When a plaintiff decides to move forward with filing a personal injury lawsuit, his/her attorney will file and serve a complaint and all other required documents.

This complaint will state the nature of the plaintiff’s accident and injuries, why the defendant is considered liable and the types of damages the plaintiff is seeking.

The defendant will file an answer to the complaint.  The next stage is discovery, which is a formal evidence-exchanging process. The plaintiff lawyer will send a list of questions (interrogatories) to the defendant. The lawyer may submit a request for documents. Both plaintiff and defendant sides may also take depositions or sworn statements. The plaintiff lawyer may also consult with medical experts to clearly understand the case and provide reports.

If the case goes to trial, these experts may testify on the plaintiff’s behalf. The discovery process may last from 6 months to a year based on the court’s deadlines and the complexity of the case.  Attorneys usually use pretrial motions to persuade the opposite side to provide evidence. They may also file motions with the objective of resolving a case before it goes to trial. The defendant’s attorney may file a motion to dismiss all or part of a lawsuit based on lack of evidence or jurisdiction. The plaintiff’s attorney may file a motion for summary judgment that argues that the facts in the case are undisputed and the judge should grant immediate relief.  Both plaintiff and defendant may try to settle the case before it goes to a trial.

This involves negotiation, which starts with the plaintiff making a demand for compensation. In return, the defendant makes an offer. If the lawyers cannot settle a case just by talking or negotiating among themselves, they may choose to go for mediation. In this process, both clients and lawyers approach a mediator to try to settle the case. In a settlement, the defendant agrees to pay compensation, while the plaintiff agrees to release the defendant from liability.  A personal injury case will go to trial when the plaintiff and defendant do not reach a settlement. The 2 stages of the trial are: 

The jury decides if the defendant is liable.

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

If liable, the jury determines the amount of damages.

A personal injury trial may last a day, a week, or longer. In many states, trials are held for only half a day instead of over a full day, which leads to the trial becoming lengthy. Trials may also get rescheduled in keeping with the judge’s schedules. ďƒ˜ If a personal injury case reaches a settlement or a court enters a judgment in favor of the plaintiff, the attorney will set about collecting and distributing the funds, including that owed to the plaintiff. It is possible that the defendant may file a post-trial motion seeking to set aside the judgment or reduce the compensation amount awarded to the plaintiff. Or, the defendant could pursue an appeal at a higher court of appeals to determine whether any legal errors occurred at the trial. It is possible that settlement negotiations may be resumed even while a case is on appeal with the hope of bringing the case to a closure.

Personal injury attorneys are experienced and skilled to guide their clients through each stage of the case. They use the best solutions such as comprehensive medical records review to identify the true medical facts of the case and prepare well. They will gather all information necessary to support their client so that the jury reaches a favourable decision.

www.mosmedicalrecordreview.com

918-221-7791