18th Jun 2009

The Legal Process Of A Personal Injury Court Case

Being injured by another person or product puts you in the position to make a personal injury claim. Even if one of your belongings was the target of the injury, you can file to seek damages from the defendant. The time line to expect won’t be short, and requires an attorney for legal counsel.

The case starts with a collection of evidence. Any proof of obtaining injury from another person or product should be brought forth as clear as possible. Witness testimony is also a major piece of evidence that will help win a case if it is admissible in court. During this step you can start tallying costs of damages that were incurred.

Next you and your attorney will formulate a demand letter. The demand letter tells the offending party what has occurred, what damages are being sought, and the date in which a reply is expected. The demand letter could be followed up with an agreement to settle for the specified amount, or an indication that a court date will need to be set to take the case a step further.

Luckily the plaintiff will get the upper hand in choosing the court. In some circumstances the defendant will set it, but the rule of thumb is the one doing the accusing has the benefit of picking the location of the trial. The date will also be picked by both parties through an agreement, although either party could delay the court date through a motion of continuance. In such a case, the date would be delayed until both parties can make the date.

The discovery process then ensues. Discovery is the act of finding out more information about the case. Both parties can submit questions and answers back and forth to allow both sides to formulate their case. The discovery process is a big help in finding out more methods of proving there was fault among the defendant. Your attorney will be able to ask all the right questions for the case on the date previously set.

The trial is next in line, and this is where the evidence is provided among a court. Both sides will be able to present witnesses, cross-examine such witnesses, and show evidence that there was a crime committed. The jury or judge will then amass the evidence and cases, make a decision, and declare the defendant innocent or guilty. The right to appeal is there in case either party feels an unfair trial was had.

Closing Comments

Personal injury claims can span months or even more than a year due to the inner workings of the judicial system. Hire a lawyer in your area to handle the work while you carry on tasks of your every day life in the meantime.

Learn more about legal verdicts and St. Louis personal injury lawyers.

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