The General Steps a Personal Injury Litigation Case Follows

Personal injury litigation follows the same steps as any civil litigation case including:

Pleading

Appeals Lawyer

• Complaint or petition The plaintiff files a complaint outlining the case against the defendant. The complaint requests payment of damages.
• Serving the summons (Service of Process) The defendant receives notification of the lawsuit and a time limit to respond. The court now has jurisdiction over the case.
• Answer The defendant responds to all aspects of the complaint by admitting, denying, or stating insufficient evidence. At this point the defendant may also provide arguments to show that he or is not liable.
• Counterclaim and responses The defendant may raise a claim against the plaintiff (for example, holding the plaintiff liable for damages, not the defendant). The defendant answers the counterclaim admitting, denying, or stating insufficient evidence and argues why the counterclaim is not valid.

The General Steps a Personal Injury Litigation Case Follows

Discovery

Both parties in the injury litigation case disclose relevant information and documents before trial through interrogatories or requests for admission, depositions (oral interviews under oath), and production and inspection of documentation.

Pre-trial motions

Lawyers may enter motions to resolve the case, such as:

• Summary judgment-undisputed facts compel a ruling without trial
• Motion to dismiss-lack of material facts require dismissal of the case
• Default judgment-lack of defendant response or appearance prevents defendant from contesting the case and the court rules on damages

Trial

Trial begins with jury selection (except in a bench trial when only a judge rules). Lawyers give opening statements. Each side provides evidence and testimony, cross-examines witnesses, and presents closing arguments. The judge instructs the jury members and sends them to deliberate. The jury returns, rendering a verdict.

Judgment and appeal

If the plaintiff wins, the defendant receives a judgment ordering payment of damages. Motions for enforcement become necessary when the defendant does not pay. Either party may appeal the verdict, which refers the matter to a higher court.

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You should contact a personal injury lawyer as soon as possible to schedule the initial consultation regarding your case. A lawyer will remain at your side throughout the legal process and help you cope with your unplanned personal injury.

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