Will I have to go to court?
Many personal injury claims are settled out of court. However, it is often necessary to hire an attorney and file a legal claim in order for this to happen. And still other cases require the claim to be taken to court and argued in front of a judge and jury. This will depend on the facts of your case, the defendants involved, and how the discovery process transpires.
Once your claim is filed, the next step is gathering evidence. This is called the discovery period in litigation. Your attorney will obtain your medical records and whatever else is necessary to prove that you were harmed and that the defendant was negligent. Often, the defendant may require you to answer questions called interrogatories. You may have to come to a lawyer’s office (ours or the defendant’s) to take a deposition.
Sometimes, a settlement between the parties can be reached during or after this process. This means the parties agree to a dollar amount the defendant or the defendant’s insurance company will pay you for your damages. If this happens, you may never have to enter a courtroom.
But sometimes, the case will go to trial so a judge and jury can hear both parties and decide what is fair under the law. If your case goes to trial, you and sometimes your family members will be required to attend and testify. The length of the trial is dependent on the facts of your case and can vary from a few days to a few months (in very complex situations).
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No matter how your case progresses or what steps are taken, your NB&W attorney will keep you fully informed throughout the litigation process and will make sure you are prepared for anything you are asked to do, whether that is to answer interrogatories, appear for a deposition, or testify in court.
Call us today to discuss the facts of your case and find out what legal remedies you may have and what the litigation process will involve for you.