How the Litigation Process Works for a Personal Injury Case

    MIAMI, FL, September 18, 2011 /24-7PressRelease/ -- Litigation of a personal injury lawsuit can be a frightening prospect to people who have suffered an injury in any type of accident. This process can be made more complex when you are dealing with a serious injury, and trying to focus your attention on recovery. Knowing what the process entails can help alleviate some of this apprehension and give you a better idea of what may be required to get you the compensation you deserve.

The Personal Injury Screening and Negotiation Process

The process will begin when you contact your attorney for your initial consultation. After this meeting, your attorney will begin to gather information and evidence to support your case. This may include statements from witnesses, gathering physical evidence, obtaining professional assistance from investigators and medical experts, and contacting insurance companies. This part of the process can take some time, but is necessary to provide a strong foundation for your personal injury lawsuit.

Your attorney will then evaluate all of the information he has gathered. This information, along with damage assessments based on your medical bills, inability to work, and personal suffering, will be used by your attorney to determine the value of your medical malpractice claim. Your lawyer will then seek these damages from the negligent doctor's insurance company. This is most often met with a counter offer from the insurance company, beginning the negotiation period. If no negotiation can be met or the parties are at an impasse, your attorney will file a complaint with the court. This will be sent to the other party, and they will have 60 days to respond.

The Personal Injury Litigation Process

Once a complaint has been filed and the other party has responded, the discovery phase begins. During discovery, evidence including testimony, police and medical reports, and information from experts will be obtained by both parties. The information will then be gathered and presented in a deposition hearing where all testimony is transcribed by a court recorder. At this point, the other party can file a motion to have your case dismissed. Depending on the nature of the motion, the court may schedule additional hearings to gather more testimony. If the motion is denied, you may be ordered to mediation, or your case will go to trial.

Mediation is a form of dispute resolution in which you and the other party will meet with a neutral party who will act as a mediator for your dispute. In mediation, offers and counter offers are presented. If no settlement is reached, a trial is the only option for settlement.

If you case cannot be settled, it will go to trial. A trial will require testimony from you, witnesses, experts, and the other party. This process can take a long time, and is avoided if at all possible by most attorneys. However, an aggressive personal injury attorney will be prepared to take your case to trial and fight to get you every penny you are due.

If you have been injured in an accident in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myers and would like to learn more about the litigation process for a personal injury lawsuit, please visit the website of the Cochran Firm South Florida for additional information at http://cochranfirmsouthflorida.com.

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