Accidents can be as overwhelming as they are unexpected. While many victims know they can seek compensation, they are often confused about the process. A good number of personal injury claims are solved out of court. However, a trial can be necessary for certain situations. Knowing what to expect when your case goes to a personal injury court can help you better prepare for trial.
A personal injury lawsuit differed from a compensation claim. Before opting for a trial, it is advisable to discuss your case with expert Huntington Beach Personal Injury Lawyers at El Dabe Ritter Trial Lawyers.
What Could Lead to a Personal Injury Case Going to Court?
When you hire a personal injury attorney, they will usually gather evidence to prove damages, negligence, and fault. They will then file a compensation claim with the at-fault party’s insurer. The insurance company will make a settlement offer, which your attorney will negotiate until a fair amount is agreed upon.
However, your attorney may then choose to go to court if:
- The insurance company offers far fewer damages than you deserve
- Both parties fail to agree about the fault.
- Negotiations with the insurance company fail.
How Do Personal Injury Court Cases Work?
Not every personal injury court is the same. Nonetheless, court cases tend to follow a standard system of resolving disputes. A personal injury court will seek to find the facts of your case and apply the appropriate law to them. It will then resolve the case through a trial or settlement.
If your case goes to trial, you can expect:
- Pre-filing — This refers to the period before you file a formal lawsuit. Your attorney will usually require to prepare several documents and court forms before filing a lawsuit.
- Filing — Once your attorney is ready, they will start a court action by filing and filing out relevant papers. They will then serve the other party, who will file a response.
- Discovery — During this stage, both sides will exchange the information they have concerning the case. This is an opportunity for each party to learn the strengths and weaknesses of the case.
- Pretrial — if you fail to reach a settlement, the pretrial will begin 90 days before the trial date. This time is dedicated to preparing for trial.
- Trial — Your case will be heard before a judge or judge and jury. This stage could last anywhere from a day to several months.
- Appeal — Once a judgment is made, either party can seek to appeal or finalize a settlement.
Contact a Personal Injury Lawyer
A majority of personal injury cases are settled through negotiations with the at-fault party’s insurance company. However, a trial can become necessary where a suitable agreement cannot be made. Although these two processes are different, they are both geared toward getting you compensated for your losses.
We are prepared to go to a personal injury court if your case calls for it. We will advise you on your rights and obligations as a plaintiff. We will also guide you through the entire process.
Contact us today online or by phone to schedule a consultation with one of the experienced Huntington Beach Personal Injury Lawyers at El Dabe Ritter Trial Lawyers.