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Will My Personal Injury Case go to Trial?

Many personal injury cases are settled before ever going to trial. However, this does differ on a case-by-case basis. Personal injury cases involve many steps, but your Denver injury attorney can help guide you through them. Review a few of these steps here so that you are prepared for your personal injury lawsuit.

Consult a Denver Injury Attorney

If you have suffered a serious personal injury, consult with an injury attorney first. Professional personal injury attorneys can help you decide whether filing a claim is the right first step for you. They can also determine if you can receive compensation for any of your hospital bills or loss of pay.

During your initial consultation, your lawyer will ask questions regarding your accident. They will gather details about the accident, injuries, and medical bills, as well as who was involved. This helps your lawyer determine if the other party was negligent and if your case should go to trial. It can take some time to gather all the needed evidence for your claim, especially acquiring medical bills and records.

Negotiations and Settlement Demands

After all of the evidence has been gathered, your personal injury attorney will negotiate with the other party’s representative. This could include other attorneys or their insurance company. Your settlement demand will help cover any financial loss or pain and suffering that you endured due to the accident. In many cases, the process stops here. Smaller personal injury cases are more likely to be settled up front, especially if they are properly represented. Your case will move to the litigation phase if the other party doesn’t agree to your settlement demands.

Personal Injury Trial Phases

Litigation Phase:

This is the phase when your case may go to trial. Your lawyer will go through the steps to file a personal injury lawsuit in court. However, it could take time, even months or years, for your case to be seen.

Discovery Phase:

All legal claims and defenses will be investigated for both parties. Your personal injury lawyer will help you answer any questions that may arise. All relevant documentation and depositions from witnesses are also compiled during this phase.

Mediation Phase:

Mediation happens when neither party can settle. A neutral third party will be brought in at this time. This person acts as a mediator and helps to resolve the case and determine a settlement amount.

Trial Phase:

Getting to the trial phase means that all other steps to settle have failed. Your case will be seen in court and a trial will be held with all parties present. At this time, a ruling is determined for or against your case. Trials can last a few days or up to a week depending on the case presented. They can also easily be moved or rescheduled.

There are many steps involved when dealing with a personal injury case. This can be a confusing process for many, but a professional attorney can help. If you or a loved one has suffered an injury due to negligence, call a Denver injury attorney today.