The Steps of a Personal Injury Lawsuit

Personal injury

Personal injury

 

An attorney with more than three decades of experience, Ted Doran is a partner at the Doran Sims Wolfe and Ciocchetti law firm located in Daytona Beach, Florida. Ted Doran’s firm manages cases in a variety of legal fields, including personal injury.

Personal injury cases are those in which the client was harmed in a motor vehicle accident or fall, or is the surviving loved one in a wrongful death situation. When an individual begins a personal injury or accident lawsuit, they often follow a number of steps similar to those of other cases.

– Meeting with an attorney. Both the plaintiff and the defendant may choose to acquire a lawyer, especially if the case exceeds the $5,000 limit of small claims court. The preliminary meeting will involve questions from the attorney about the incident, and their proposed advancement of the case.

– Filing of court papers. The lawyer will draft a complaint on behalf of the plaintiff. This document will be filed and the case will officially begin. Following this, a period of discovery is undertaken, during which time the lawyers on both sides of the case pursue all avenues relating to the incident that prompted the lawsuit.

– The case may be ended before it reaches a trial. Motions to resolve or dismiss the case, and settlement offers and negotiations, often result in the completion of a case before trial.

– Should the case go to trial, the date of the case could be months in the future, due to the heavy scheduling of the courts. A trial can be before a jury or before a judge only.

– Following a successful trial, the plaintiff may still require legal representation in the collection of the awarded amount. If the trial was not successful, the plaintiff–or the defendant–may choose to appeal.

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