The Stages of a Jury or Bench Trial in a Personal Injury Case
If you're thinking about taking legal action in a personal injury lawsuit, it's a good idea to know what the stages are during a trial, how the jury is chosen, and how the decision is reached. Our Malden personal injury attorneys want to assist you to comprehend the trial process and provide you with the knowledge you'll need to successfully navigate any legal case.
This blog article will walk you through the events of a jury trial, describing the stages to help you understand what to anticipate at each stage.Stages of a Personal Injury Trial in Massachusetts 1. Consult With Our Personal Injury Attorney
To begin, you'll need to meet with an attorney for an initial consultation. This is when they begin to investigate if you have a genuine personal injury claim. If you're not sure if you need an attorney for your circumstance, it's a good idea to talk with one just to be sure. During this period, our attorney will investigate the specifics of your case to see if they can accept you as a client.2. Our Malden Personal Injury Attorney Investigates the Claim and Examines the Medical Records
Your attorney will interview you as one of the first things he or she does. The attorney is interested in learning all you know about the incident, your injuries, and your medical care. Attorneys don't like being caught off guard, so be careful to answer all inquiries thoroughly.
Following that, the attorney will get all of your medical documents and expenses connected to the injury, as well as any treatment you have ever had for the ailment at issue in the case. This might take some time depending upon the scenario.3. Demand Settlement
Demand for settlement, which includes a demand letter summarizing your case, including responsibility and damages (injuries, medical expenses, lost pay, pain and suffering, loss of life's pleasure, and future medical care), is the next stage. The opposing party, whether an individual, a corporation or an insurance company, will usually evaluate the letter. In most cases, the opposing party will either deny the demand, make a counteroffer, or accept it in response to the letter. The demand letter is frequently the first and last impression you make on the other party. As a result, putting together a good letter is crucial.
Before filing your personal injury claim, we show the defense what they're up against. Our experts will negotiate a favorable settlement with the defendant from the start, preparing your case for trial.4. Submit Court Documents
If the settlement doesn’t work, the matter will go to court. Once our attorney has filed a complaint with the court, the lawsuit will commence. A summary of your issue will be included in the complaint you file. This will describe who you are, how you were hurt, and the consequences of your injury.
If you're pursuing a personal injury claim in Massachusetts, you should be aware of the statute of limitations in the state. You have three years from the date of your injuries to bring a personal injury claim in Massachusetts. This is why it's critical to get legal assistance as soon as possible. Filling out various legal forms correctly may be difficult, and you don't want to make a mistake that would jeopardize your chances of collecting compensation. Working with a skilled personal injury attorney helps guarantee that your documentation is completed correctly and on schedule.5. "Discovery" and "Pre-Trial"
During the pre-trial phase known as "discovery," both parties would ask one another for proof and witness information. Both sides will appear in court in the early phases of the case to update the judge on how the case is progressing, to agree (or not agree) to mediation or arbitration, and to establish a trial date. As the discovery process progresses, both parties will begin scheduling depositions of the other party and witnesses, which are sworn question-and-answer discussions.
The discovery procedure and periodic court hearings can take months (or perhaps a year) to complete, and the trial date is regularly pushed back. After discovery, the defendant may seek the judge to dismiss the case on "summary judgment," claiming that the plaintiff cannot reasonably prevail at trial (these motions lose more often than not).
As the matter approaches trial, the parties will intensify their efforts by holding mandated settlement discussions, filing motions to decide what evidence will be permitted at trial, appointing a jury, and so on.6. A Personal Injury Lawsuit's Trial Phase
Ultimately, the trial will commence, which would likely span several days in a normal personal injury case. The judge or jury will decide whether the defendant is to blame for the accident and the plaintiff's losses, and if so, how much the defendant must pay in damages. Following the trial, any side might begin an appeals process, which can run anywhere from a few months to several years. A losing defendant will be obliged to pay the damages determined at trial or on appeal when the appeals procedure has been finished.7. Appeal
Based on the particular issues in the case, the losing side may appeal a case. The appellate procedure is very different from the trial process; therefore, having experienced appellate practitioners work on your case may be very beneficial. It's not only about winning the first time; it's about winning in the end.Contact a Malden Personal Injury Attorney
If you or someone you love has been injured as a result of another party's negligence, you may be able to file a personal injury case against the at-fault party, and it is strongly advised that you do so through our Massachusetts personal injury attorney.
We can handle personal injury claims on our own and will not put you in debt to manage your case. We'll do everything we can to help you receive the money you need to pay your bills and go on with your life after the accident that caused your injury.