If you believe that you have got a personal injury case going, then litigation may be on your mind. Before you choose a Miami personal injury attorney to sue the person or entity who caused the personal injury, you must learn a bit more about what litigation is and what it entails.
What Kind Of Damages
In a personal injury case, you may decide to sue the other party for causing the damage or subsequent injuries. The damages may include the medical expenses, suffering, pain, and the other damages one may have suffered from. It may also include any other potential damages.
Litigation In Personal Injury Cases
The majority of people who sue for personal injury end up going for an out-of-court settlement. While this is actually the best outcome if you manage to get a good amount of money as compensation, the opposite may be true. That is when you need to go for litigation. If you feel that you are not getting the compensation you deserve, then going for litigation may seem like the only way.
Stages Of Litigation
Here, know about what the stages for litigation in Personal injury cases are.
- Pre-Trial Discovery: This is the time when both parties try to gather as much information about the case as possible. The injured victim who is filing for litigation needs to gather evidence that will prove that the other party practiced negligence which resulted in personal injury or accident.
For this, both parties are going to send discovery requests to each other.
- Motions: After this is done, anyone party will decide to start the motion, which begins the official process of litigation. Serving the motions is the official start of the legal process that one party starts.
- Expert Witnesses: After this, expert witnesses are got hold of. The injured party will look at expert witnesses who will be able to talk about the facts of the case. Expert witnesses are usually professionals in their own fields and may include doctors, health professionals, and private investigators. The expert witnesses are usually professionals who have a lot of knowledge and experience on the subject of discourse.
- Preparation: Throughout all this, both parties will be preparing for the trial. This will include the attorneys getting ready with the information they need and also speaking to witnesses who will be testifying in court.
- Trial: This is the time when the trial occurs. After the litigation process is over and done with, the trial begins in court. Both the parties will have the opportunity to defend their case in court. After this, it is up to the jury to make a decision in favor of any one of the parties.
Seeking Legal Assistance
The truth is that your personal injury case may not require litigation. If it does go that path, it is crucial to find an experienced attorney for the same. This will ensure that the case goes in your favor and you are able to get the maximum compensation possible.