Personal Injury Firm

We nearly always first attempt to settle the case, unless we have information that settlement is unlikely. A demand for payment is sent to the insurance company along with documentation supporting the case. If the claim cannot be settled, your attorney will talk with you about filing a lawsuit to enforce your rights.

Most cases result in a settlement. However, sometimes the insurance company will not offer a settlement or will offer an amount that doesn’t fairly compensate your injuries. In those cases, your attorney will talk with you about the possible risks and rewards of proceeding with filing a lawsuit in your case.

There are many factors to consider when determining whether to file a lawsuit. These include the possible costs of the lawsuit, for example, costs of court reporters for depositions of witnesses, medical experts to testify about your injuries, and a variety of other costs involved in a trial.

Besides the likely costs of the lawsuit, your attorney will consider the possible jury verdict that could be obtained. Jury verdict services keep records of trial results. Your attorney can review the results common for the local region for the type of case and injuries involved. This information can be evaluated along with the expected costs of trial and numerous other factors to decide if filing a lawsuit is right for your case.

After a personal injury lawsuit is filed, the judge will set a trial date and some deadlines for work that leads up to the trial. The attorneys will begin what is called “discovery.” Discovery is the process where both sides can find out information for their case, from each other, and from third persons.

This information is “discovered” through requests each side makes to the other to answer questions or to turn over various documents. The requests to answer questions are called “Interrogatories.” The requests for documents are “Requests for Production.”

You will probably also be required to give a deposition. A deposition is sworn testimony that is just like testifying in court. But it is done privately with the lawyers for each side present along with a court reporter. The testimony from the deposition can then be used at trial.

The judge gives both sides a lot of leeway to find out information during this phase. It is not unusual for clients to feel that this process is invasive.  Keep in mind that just because the other side gets to “discover” something, doesn’t mean the judge will let them use the information at trial. For that, they’ll have to prove the information is relevant to the case. Ultimately, the discovery process allows the attorneys to gather the evidence that will be used to prove their case at trial.

If a case cannot be settled, your attorney will talk with you about whether the case should be taken to trial. This involves filing a lawsuit and presenting your case to a jury of your fellow citizens. Witness testimony and documents to prove your claim are presented.

Ultimately, the jury’s verdict will determine your case.

If you win your case, the defendant must either pay the amount the jury awarded, or attempt to get the verdict changed. The defendant may file a motion for a new trial. These are usually not granted. Then the defendant can file an appeal of the verdict. To win an appeal, the defendant must prove that there was an error at trial that hurt their rights in an important way. Relatively few trial verdicts are appealed successfully.

1. Talk to no one about your case except your attorney
2. Return to your doctor as often as necessary and always report each of your symptoms
3. Keep accurate and detailed records of:
   • Lost time and wages
   • Hospital, drug, or other medical bills
   • Other losses related to your injury
4. Furnish your attorney with any documents you’ve been asked for. These can include relevant insurance policy pages, photographs related to the incident or your injuries, contact information for witnesses, and any other information your attorney needs for you case
5. Gather any evidence available to you, for example photographs, insurance information, witness phone numbers, expense records, etc.
7. Be sure to keep your attorney advised of any change to your contact information, including your address, phone number, email address or other contact.