Accidents are unexpected, and their surprising nature can be overwhelming for everyone involved. While most people have a basic understanding that they can seek compensation if they are involved in an accident as a result of another’s negligence, they often don’t know much about the processes and procedures.
Many survivors may begin the process of learning more about filing a claim with one, simple question: is personal injury court real? While many cases are solved out of court, a trial may be necessary. Being aware of what to expect when your case reaches a personal injury court can help you prepare for the trial.
Before you proceed to a personal injury trial, speak with a personal injury attorney in Huntington Beach with El Dabe Ritter Trial Lawyers for legal advice.
Why Would a Personal Injury Case Go To Court?
A personal injury lawyer will collect and compile evidence to prove negligence, damages, and fault of the defendant. They will then file a compensation claim with the insurer of the defendant and negotiate a settlement agreement to ensure you receive a fair settlement. However, your personal injury lawsuit attorney may choose to go to court if:
- The insurance company offers far less compensation than you deserve
- Both parties fail to agree on who is at fault
- Both parties fail to reach an agreement through negotiations
How Does Personal Injury Court Function?
Every personal injury court case is different. However, court cases tend to follow similar paths when resolving disputes. A personal injury court uses available evidence gathered at the scene and applies the law to cases to determine liability and award compensation.
If the court takes your case to trial, there are several steps you will be required to participate in, including:
- Pre-filing — The period before filing a formal lawsuit in which your lawyer will need to prepare various documents and court forms prior to filing a lawsuit.
- Filing — Once your lawyer is ready with all documents, they will begin a court action by filing and filling out the relevant papers concerning the personal injury case. They will then serve a copy to the defendant’s party for them to offer a response.
- Discovery — Both sides will exchange the information they have relevant to the case. This is a chance for each party to learn about the weaknesses and strengths of the case.
- Pretrial — If you don’t reach a settlement agreement, the pretrial starts 90 days before the trial date. This time is aimed at preparing for trial.
- Trial — At this step, the case will be heard by the judge or a judge and a jury and can last for a day or even months.
- Appeal — After the judgment is made, either party that feels unsatisfied with the judgment can seek an appeal.
Contact a Personal Injury Attorney
Most personal injury cases are settled through private negotiations. A personal injury court trial may be necessary when an agreement cannot be reached upon. At El Dabe Ritter Trial Lawyers, we have experienced personal injury attorneys who are ready to represent you in court, if the case demands it. Contact their offices today to schedule a free consultation.