The litigation process for a personal injury case can be challenging to understand. You must know the steps to protect your rights and get what you deserve from the settlement. Contact Idaho Personal Injury Lawyers to learn more about what to expect.
Litigation has several phases, such as:
- Discovery
- Pre-trial hearings
- Pre bargaining
- Trial
Each step has its purpose for the case to ensure that everything runs smoothly through litigation so you can receive a fair settlement when it comes time to negotiate with your opponent. During these steps, evidence is gathered from both sides to present the best case possible in court.
This article will explain how a personal injury case progresses through the courts, step by step.
Consultation and Advice
The first step in the litigation process is a consultation with an experienced personal injury attorney who can explain your options for legal action and help you understand what may happen during proceedings.
It allows you to make informed decisions about moving forward with or without representation, so it would be best to counsel before signing any contracts.
Discovery
This takes place at least 60 days after you file your lawsuit with the courts. During this time, both sides can request specific documents and information about their side of the story. If a party does not provide requested information on time, it can result in sanctions for that party.
Pre-trial Hearings
During this phase, both sides put together a schedule to present evidence and testimony before the court to have an idea as to how much time will be needed during trial. If pre-trial hearings do not go smoothly, it can result in more delays for your case.
Plea Bargaining
This takes place after pre-trial hearings and before a trial begins. During this time, you may settle with the defendant if they are willing to pay out of court rather than going through litigation. If plea bargaining does not occur, the case will be set for trial.
Trial
This is when both sides present their evidence and testimony to a judge or jury so that they can make a fair decision based on all of the facts presented in court. It may take months before you have your day in court, depending on how complicated your case is and how fast the courts move.
At any time during this process, you may settle with your opponent outside of court if they are willing to do so. If no payment occurs at all before or during the trial, then a judge or jury will decide what happens next in your personal injury case after hearing both sides of the story.
Litigation can be a long and frustrating process, but it is vital to know the steps to protect your rights while ensuring that you receive what you deserve from your injury case settlement. This way, you won’t get taken advantage of by an insurance company or other party involved with litigation, such as opposing counsels.
