The Role of a Plaintiff Personal Injury Litigation Attorney.
You have a right to file a lawsuit–especially when you feel you’ve been wronged–and it’s your right to represent yourself in that pursuit. While it can be tempting to circumvent the inevitable attorney fee, the fact of the matter is that the representation of a qualified litigation attorney presents your best chance for success. The process is incredibly complicated, and the system in which cases are litigated is generally not designed for non-legal individuals to understand, let alone succeed within.
While it is your right to do so, representing yourself is an unwise decision. When you think lawsuit, think an attorney.
If you are in the midst of a personal injury lawsuit, you may be curious about the process your attorney goes through when working your case. A case is in “litigation” when a lawsuit has been filed, and all parties are working towards a trial.
Litigation attorneys, or trial attorneys are lawyers who represent individuals in civil matters.
These “lawsuit lawyers” will oversee the phases of a case as it heads towards trial in addition to representing you during an actual trial.
Even before a lawsuit is officially filed, your attorney will thoroughly go through your case to see exactly what hurdles may be faced in a litigation setting. The process almost always begins with an initial case assessment and investigation.
Even the most aggressive and trial-happy lawsuit lawyers will attempt to settle cases in “pre-litigation” or before a suit is filed.
A highly reviewed attorney will collect documents like medical records, police reports and witness statements.
Motions and Pleadings
Pleadings and Motions are documents that either outline information, or are a request for the court to make a decision on a matter. In fact, one type of pleading, a “complaint,” is what actually triggers the lawsuit. Lawyers for the defense will then file an “answer” or rebuttal to your complaint. There are dozens of pleadings or motions that your attorney might need to file based on certain aspects that may arise in your case. Some more common examples include “motions for judgment,” “motions to strike,” and “motions to amend.”
Attorneys will file an assortment of pleadings and motions throughout your personal injury lawsuit.
Your lawyer will keep you up to date on which pleadings and motions they file and why.
Documents are exchanged, and usually depositions are taken. Discovery is simply the exchange of relevant information between the Plaintiff and the Defendant. Depositions are quite simply, official statements. You might also need to answer in writing a series of questions, usually called “interrogatories.”
Discovery is the largest part of a personal injury lawsuit your attorney will help you to navigate.
Sound confusing? It doesn’t have to be, a well qualified personal injury attorney will be happy to meet with you free of charge to discuss your case.
You can read more about selecting the right attorney HERE