Stages of a Personal Injury Lawsuit

When most people hear the word "action", they imagine a process in a packed courtroom, with lawyers eloquent speeches blaring over the jury with complicated legal jargon together - a scene straight out of prime time television. In reality, an action is not so much an event as it is a process - a series of steps and exchanges slowly on a resolution that can not happen in a courtroom at all.

Most personal injury processes can be divided into five parts or sections:Pleading, discovery, audit, appeals and enforcement.

Step 1: Pleading

The first step in a process known as document exists on both sides of the definition of their general arguments. During this phase, the defendant with notice of the pending lawsuit will be served, and will have a limited window of time to respond depending on the powers. This reaction can take many forms, the defendant could admit to the charges, denies the allegations or claims that not enough informationfor a response.

Stage 2: Discovery

Next, enter both sides of the discovery phase, in which evidence and statements are exchanged between the plaintiff and defendant, as they build their individual cases. At this time, will be to engage lawyers for each side often in legal wrangling to determine the admissibility of evidence, the appropriateness of certain testimony, and the composition of the jury. Many processes are settled out of court during this phase to take stock of how both partiesthe situation and weigh their options.

Stage 3: Trial

If no settlement is reached at earlier stages, moving the matter to court. Both sides will have a chance to prove their case before a judge in the presence and / or jury with testimony and evidence for their arguments. If no agreement is reached until the end of the trial, a ruling or an assessment is created by the jury or judge.

Stage 4: Appeal

If a defendant is dissatisfied with the resultThe study, he or she can choose to be the case appealed to a higher court. The appellate court will review the proceedings of the trial court and determine whether mistakes were made that may have unduly influenced the outcome of the case, and decide whether to uphold the decision to reverse it, or remand the case back to the original court.

Section 5: Enforcement

If after all appeals are completed, the claimant is the verdict, the accused shall be legally forced tofollow the text of the appeal, which is usually the payment of a fine type to the plaintiffs.

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