Personal injury law is broad and encompasses incidents ranging from car accidents and medical malpractice to product defects and animal bites. However, the process of filing a lawsuit is largely consistent across these cases. This blog will cover a less talked-about aspect of these cases—the pretrial phase. It is the period from filing the complaint to the trial date. Ready to find out what happens? Join us below.
Filing the Complaint
“The lawsuit begins when the injured party files a complaint with the district court. The filing must contain the allegations and compensations being sought,” says personal injury lawyer Harry Nalbandyan from Levin & Nalbandyan LLP. The defendant then responds to this complaint. They can either admit or deny the allegations in whole or in part, propose a settlement, or they can file a counterclaim or motion to dismiss. Either way, the process has officially begun for you.
Discovery
The next step is discovery. During discovery, both parties exchange information related to the incident. It often begins with interrogatories, where you send and receive written questions to gather more information from each other. This may include the accident's circumstances, your injuries, and any relevant background.
Both sides may also request tangible evidence and documents. Exchanged materials typically include medical records, accident reports, and other supporting files. It's at this stage that depositions take place. Depositions involve attorneys from both sides interviewing witnesses and parties under oath, often as portrayed in films.
Pretrial Motions
Pretrial motions are formal requests asking the judge to issue a specific order or ruling. They allow parties to resolve the case before trial and clarify particular points, streamlining the process. Here are the different motions:
- Motion to dismiss: The defendant files this motion if they believe the case lacks legal grounds.
- Motion for summary judgment: Either party can file this motion. It means there’s no need for a trial because the facts are not under dispute, and the law is in their favor.
- Evidentiary motions: These motions affect which evidence will be admissible in court. They formally request specific evidence and testimonies to be excluded from the trial.
Settlement Negotiations and Mediation
Trials are expensive and unpredictable. It’s why both parties attempt to resolve the matter during the pretrial phase, as there’s some level of control at this stage. Sometimes, a neutral third party may be called in to help the parties negotiate an agreement. Even though it is non-binding, mediation often leads to a settlement without a trial.
Pretrial Conference
The judge then holds a pretrial conference with both parties, their lawyers, and insurance companies. At this level, the status of the case is discussed. It often involves final settlement possibilities, setting trial dates, and ironing out the kinks.
What are the Chances That Your Case Will Settle Without Going to Trial?
Most personal injury cases are settled out of court. There are many reasons for agreeing to fight it out in the chambers. Civil trials are expensive. Think of the attorney fees, court costs, expert witness fees, and other expenses. Moreover, trials can take months, sometimes even years, to conclude. Settling allows the plaintiff to recover compensation faster.
However, this is not always the case. Negotiations may hit a wall. The other party may deny liability, or you may fail to come to a settlement agreement. So, in the end, the exact outcome of your case will depend on its specific circumstances.
Conclusion
By now, you should have a mental image of what to expect during the pretrial phase of your personal injury case. It's best to work with a qualified lawyer during this process. They will help you with the filings, evidence analysis, and submissions, and even negotiate with the insurance company on your behalf. The chances of a successful claim increase significantly with the strategic guidance and counsel of an experienced lawyer.
