When the injured party and the insurance company cannot agree on an adequate settlement amount, filing a lawsuit may be the only option left to obtain compensation and resolve the matter. However, many people do not know what to expect when a personal injury lawsuit is filed.
It is crucial to have an understanding of the legal process before you file a lawsuit to make sure that you are prepared for every stage of the proceedings. If you are considering filing a personal injury lawsuit, you might want to consult with our Santa Fe personal injury lawyer at Slate Stern Law.
Stages to Expect After Filing a Personal Injury Lawsuit
Let’s take a closer look at each stage of your personal injury case when you file a lawsuit.
1. Written Discovery
The first stage of a personal injury lawsuit is written discovery. This is where both parties exchange written questions about the case. The purpose of discovery is to gather all the necessary information about the case. The questions asked during this stage are usually quite extensive, and the answers need to be precise and detailed. Both parties have to provide documents that they have in their possession relevant to the case.
2. Record Subpoenas
If a party wants a particular document that is not in their possession, the next step is to issue a subpoena to the person who has it. Subpoenas are legal documents ordering a specific person to appear in court or deposit files. For example, if the plaintiff’s medical records are necessary for evaluating the case, the defendant’s lawyer may send a subpoena to the plaintiff’s medical provider.
3. Depositions
Depositions are one of the most crucial stages in a personal injury lawsuit. It is where both parties answer questions under oath in front of lawyers. It is a formal interview in which the opposing counsel asks questions to elicit information about the case, according to the Legal Information Institute. Depositions provide the opportunity to evaluate the credibility of the witness. Depositions are transcribed and can be used in court as legal evidence.
4. Medical Examinations
Personal injury cases involve injuries to the body that require medical attention. In personal injury lawsuits, it is common to have medical examinations before trial. These are known as independent medical exams, and they are conducted by doctors selected by the defendant’s party. The purpose of these exams is to obtain an accurate assessment of the plaintiff’s injuries and their current condition.
5. Mediation and Settlement Conferences
Mediation is a dispute resolution process that allows parties to negotiate a settlement without having to go to trial. If you are a plaintiff in a personal injury case, you can expect the defendant’s lawyer to propose a settlement offer at some point. It is during this phase that the two parties try to reach an agreement that is mutually beneficial.
6. Trial
If the parties cannot reach a settlement, the case will proceed to trial. During the trial phase, the evidence presented in the discovery phase and depositions will be presented before the judge or jury. The lawyers will make their case, presenting evidence and calling their witnesses.
7. Appeals
If you are unhappy with the judgment at the trial phase, you can file an appeal. An appeal is a request to a higher court to review the trial court’s decision. At this stage, the issues are limited to legal and procedural matters.
Get a Case Evaluation
Filing a personal injury lawsuit can be a complicated process that requires time, resources, and legal expertise. Our personal injury lawyer at Slate Stern Law can help you navigate each step and ensure that you are fully compensated for your injuries. Call (505) 814-1517 to get a case evaluation.