Personal injury litigants must understand the different stages of a personal injury lawsuit. Each stage is important in determining whether a defendant is responsible or not for the victim’s injuries. A personal injury lawyer in Baton Rouge will represent you at each stage of the case and will help you understand the complexities of your case.
Before initiating a lawsuit, the plaintiff’s attorney must meet with the plaintiff to determine whether or not the plaintiff has a cause of action in accordance with state law in relation to the injuries that sustain it. If the plaintiff has a cause of action under state law, then his attorney will file a lawsuit and follow the other stages of the personal injury lawsuit, unless both parties reach a settlement. A personal injury lawsuit includes the following stages:
Allegation : A personal injury lawsuit begins when the plaintiff files a formal plea, called a complaint, with the court. The complaint explains the reason and what remedy or damages are sought. Then the respondent has the opportunity to answer the complaint with an appropriate plea, called an answer, the respondent admits or denies each of the allegations set forth in the plaintiff’s complaint. A defendant may also file a counter complaint and request the remedy of the plaintiff if he believes that he was the injured party in the accident and, for his part, the plaintiff can answer the counter complaint.
Discovery: After the initial allegations have taken place, the parties are involved in the discovery process, which includes interrogations, depositions, requests and admission of documents.
Pre-trial motions: the most common pretrial motions include motions in limine in which a party requests not to include certain evidence from the trial, motions for a summary trial in which a party asks the court to intervene on that part because there are no questions of material facts in the case and that it is entitled to a judgment based on facts and motions undisputed to dismiss and in which the aforementioned party affirms that even if everything the other party says is true, that party does not The opposing party establishes a claim that gives it the right to seek the remedy in accordance with the law.
Talks to reach an agreement: the talks to reach an agreement can take place any time before a verdict is reached. If both parties reach an agreement, the case is closed. Many jurisdictions require a conference to reach an agreement, before the trial begins.
Trial: during the trial both parties present their evidence. The plaintiff tries to prove that the defendant committed each of the elements that were the cause of the action so that, consequently, he has rights to recovery of damages. The defendant presents evidence to defend the plaintiff’s allegations and avoid payment of damages.
Verdict: At the end of the trial, the judge or the jury, will issue a verdict to determine if the defendant is responsible and, in that case, how much you owe in damages.
Appeals: Each party can appeal a decision if it considers that it was legally incorrect.
The stages of a personal injury lawsuit follow a logical sequence that is designed to have the best chance of achieving justice in the trial. If you are involved in a personal injury claim, then the steps described above outline how your case should proceed.