Injuries are never part of the plan. Serious injuries will require equally serious medical care, the cost of which can easily get out of control. This does not even take into account the cost in time of long-term physical therapy, as well as mentally coming to grips with whatever consequences your injuries may have on your life. Put dealing with insurance companies and property damage on top of all that, and the aftermath can be incredibly stressful and demanding.
Luckily, our attorneys stand ready to help you after you get injured. We have represented countless plaintiffs in personal injury lawsuits, and our attorneys will provide competent legal representation and fight hard for you all the way to the finish line.
For a free analysis of your case, call (844) 876-4357 and speak to Howe Law’s personal injury lawyers.
How Personal Injury Lawsuits Play Out in Cookeville, TN
Personal injury lawsuits go through many processes before they go to trial. Indeed, The flashiest part of any lawsuit is a trial, but the reality is that the trial is really only the most visible tip of a gigantic iceberg of work that is involved in preparing a personal injury lawsuit. It is not an exaggeration to say that 90% of legal work goes into things that happen before a jury ever enters a courtroom. Our personal injury lawyers will break down the legal process so that you can know what to expect in the legal process from start to finish.
Initial Discussions
The first step in getting a personal injury lawsuit off the ground is speaking to an attorney about your situation. In the first phone call or meeting, you will explain the situation to our lawyers, and we will be able to give some basic advice on what to do. If an agreement is made to retain us as legal counsel, we can then go into more detail about your situation and discuss and suggest specific actions.
Discovery
A large portion of the preparation process in a lawsuit is from something called “discovery.” Discovery is the way that lawyers gather information about their case. During discovery, our lawyers will talk to witnesses and subject-matter experts as well as collect evidence from various sources like hospitals and police departments. What may surprise some people is that we will also get information from the other side’s lawyers, and they will get information from us.
It is an expected and normal part of discovery for opposing lawyers to exchange important information. This helps to make sure that everyone is operating from the same facts and that there are as few surprises as possible if the case ever goes to trial. However, you are not expected to hand over all that you have to the other side. Certain information is protected by privilege, and you can also refuse to give information if it is not relevant to the case. For example, suppose there is a case about a car accident lawsuit where you are alleging that the other driver was drunk. If you ask the other side for, say, receipts from a bar you allege the defendant was at before getting in their car, they will probably have to hand that over. However, they will probably not need to hand over receipts from a bar the defendant was at five weeks before the accident.
Depositions
In addition to exchanging information, attorneys also interview important parties in the case at the same time in a process called a deposition. A deposition is a formal interview by attorneys before a case that is done under oath. This means that people who are being deposed swear that what they say is true, and if they contradict themselves or are caught in a lie later on, it can be used against them in court.
It is nearly certain that you will be deposed in a personal injury lawsuit. In a deposition, the opposing lawyer will ask you (or whoever else is being deposed at that time) as many questions as they feel they need. You should answer truthfully, as not doing so has the potential of tearing your case to bits. However, if our lawyers feel a question is unfair or not relevant, we can object, and you will not be required to answer it.
Pre-Trial Motions and Possible Settlement
Another thing that happens before trial is something called pre-trial motions. Pre-trial motions are basically just lawyers asking the judge/court to do a certain thing during the trial for a certain reason. For example, a common pre-trial motion is to suppress evidence that is not relevant to the case or may unfairly prejudice the jury into believing one thing over the other. Just like with anything else, there can be some back and forth between lawyers over whether a motion should be granted or not, but the judge is the ultimate decider.
Another thing that could happen is a settlement offer. Settlements are when both sides of a lawsuit decide to stop pursuing the case and resolve it outside of a trial. A settlement is often depicted as “giving up,” but that is not true. Settlement offers are an excellent choice for many plaintiffs. However, each case is different, so it is important to speak with our lawyers about the merits of any settlement offer that pops up in your case.
Trial
The final step in any personal injury lawsuit is a trial. This is when lawyers present their arguments to the judge and jury. The jury then renders a verdict after hearing all of the arguments and seeing all of the evidence presented. If the jury finds the defendant liable, you will be awarded damages by the court in an amount determined by the jury.
Talk to Our Cookeville, TN Personal Injury Attorneys
Howe Law’s personal injury attorneys are ready to talk about your case when you call us at (844) 876-4357.