What to Expect in a Personal Injury Lawsuit

Download the information on this page in brochure form:
What to Expect in a Personal Injury Lawsuit

Deciding Whether a Lawsuit Should Be Filed

The decision as to whether or not a case should proceed to a lawsuit being filed in court must be the subject of a thorough discussion between lawyer and client. The areas of discussion must include at least the following:

• Merits of the case (Can you win?).
• Results to be achieved (What amount of money will reasonably compensate you for your harm?).
• How long will it take?
• Economics (What are the actual costs? Is it cost effective?).
• Advising the client that past mental and physical history may be disclosed.

Once these and other factors are discussed, suit is filed by preparing a complaint which contains the details of the lawsuit.

What is Discovery?

Discovery is the next step of a lawsuit. It is where the parties exchange information which forms the basis of the lawsuit by sending written questions to each other and exchanging pertinent documents. Oral and recorded statements called depositions are also taken of the parties and important witnesses.

Pre-Trial Conference

The next step is the pre-trial conference, which is held in court and will typically cover:

• A description of the case.
• Any legal aspects which must be discussed and resolved prior to trial.
• A list of witnesses.
• A list of experts (including all medical) witnesses.
• A list of exhibits which the parties intend to offer at the time of trial.
• The setting of a trial date.

Trial Preparation

You must know all the facts (including your past medical history and your current and probable future medical status) and you must be able to relate the harm caused to you, by the wrongdoer.

You must have witnesses who will be able to tell the jury about the harm that resulted from the injuries you received.

In order to obtain a favorable verdict, the attorney and client must work diligently to prepare the most effective presentation.

Those who are willing to pay attention to detail will obtain the best results.

Trial

At trial the plaintiff has the burden of proving to a jury the facts alleged in his/her lawsuit.

The trial consists of:

• Jury selection;
• Opening statements by the attorneys;
• Plaintiff's evidence;
• Defendant's evidence;
• Closing statements by the attorneys;
• Judge's instructions to the jury;
• Jury deliberation; and
• Jury verdict.

Most jury trials take between two to three days.

Whenever you need help deciding whether or not to sue for personal injury, do yourself a favor – call today. At Ianello Legal Associates consultations are always free.