A personal injury action is the best way to resolve a dispute with the party responsible for your injury. The court system is set up in such a way that defendants and plaintiffs can air their grievances toward one another and resolve their disputes in a non-violent way. If you are considering filing a personal injury claim against a defendant, you probably have questions about the civil lawsuit process and how it will work. Below are the very general steps to a personal injury action and what you can expect to participate in with personal injury lawyer. A civil lawsuit is very manageable and will help you to be on your way toward moving on with your life after your unfortunate injury.
- Filing Your Complaint: All personal injury actions begin with the filing of a complaint and summons. The complaint will be drafted by your injury attorney after you have retained him or her. Your attorney will review the facts of your case. Once it is determined that you have a likelihood of success on the merits, your injury lawyer will draft a complaint stating the facts of your case and why you have a valid legal claim. The complaint will be filed with the court and the defendant will then need to be served.
- Service of Process: A very important, and obvious, step to the civil lawsuit is to serve upon the defendant your intent to sue in him in court for his conduct towards you. The complaint must be served properly and pursuant to California rules of civil procedure outlining the process. The complaint serves as notice to the defendant that he must retain counsel and be prepared to defend against your claims in a court of law.
- Prepare for Trial: Trial preparation includes a vast number of different activities. The rules of discovery allow for plaintiffs and defendants to exchange evidence to be used by one another freely. The rules are to be construed liberally and any reasonable request for evidence must be turned over, assuming it is not privileged in any way. The courts abhor being involved in discovery disputes and dealing with parties who are “hiding the ball.” Thus, you will likely be required to turn over nearly all that is asked of you, and vice versa.
- Hearings and Motions: Before trial, both parties will likely file a number of motions for suppression of evidence. Evidence can be excluded for a variety of different reasons and these types of hearings will take place out of the presence of the jury to determine the propriety of introduction of certain testimony or exhibits. You should attend all hearings pertinent to your case so you can be prepared for everything come trial.
- Jury Selection and Trial: Congratulations! You’ve made it to the big day: your trial. Once a jury is empanelled you are set to begin. Each side will present evidence to support its assertions and the defendant will raise any and all defenses to your claims. Once both sides have rested, the jury will deliberate to find the defendant liable to you or not liable. Once he is found liable, an award amount will be determined and you can begin to move on from your personal injury.
