After being involved in a serious car accident, you will likely have to file a personal injury claim with the insurance provider of the driver responsible for the damages. You will then undergo negotiations with the insurance provider to obtain compensation for your injuries and other outstanding damages. Although there are several ways a personal injury attorney can settle your claim before it gets to personal injury litigation, there is a possibility that the insurance company will not offer you a settlement that fully compensates, and now you have no other choice but to go to court.
Personal injury litigation is complex which is why our personal injury attorneys in San Diego want to explain some of the personal injury litigation strategies that will ensure a successful outcome:
Tools of Discovery During Personal Injury Litigation
What is discovery? It’s the process where your personal injury lawyer in Carlsbad exchanges evidence and information with the insurance company that you are pursuing your lawsuit against. This particular phase will reduce any unexpected developments in court, allowing each side to build a case with what they know.
During the discovery phase, your lawyer can submit a request for admission, which is when they ask the opposing side to deny or concede certain facts in the case. However, keep in mind that the law imposes limitations on these requests for both parties involved in litigation.
Collecting Evidence and Documentation During Personal Injury Litigation
When it comes to personal injury litigation, it’s standard practice for lawyers to collect evidence. This includes medical records, video and photographic evidence of the accident, the police report, witness testimony, and more. Supporting and bolstering your case with evidence is the most traditional approach to litigation, but it’s also incredibly effective and reliable.
Depositions for Personal Injury Litigation
Depositions can be useful in situations where you want to challenge the testimony provided by witnesses and the at-fault driver. The person being deposed, under oath, must answer questions presented to them by your personal injury attorney. Ultimately, your lawyer is going to try and get the at-fault party to commit to their story, which provides you with leverage in terms of how you want to present or argue your case.
Going to Trial for Personal Injury Litigation
This is the most crucial stage of personal injury litigation and it is one where a personal injury attorney can help you the most. Now your lawyer has the task of convincing a jury and judge that you are entitled to compensation for your injuries. They must strategically select their witnesses and submit evidence before the court that will greatly favor your case.
During the pre-trial phase, your lawyer will also get to ask questions to prospective jurors. This is done to gauge their partiality, which will ultimately determine if the individual is biased or if they will pre-judge the case. Keep in mind that your attorney can dismiss a potential juror if they have cause to do so.
Hire a Personal Injury Lawyer You Can Trust
Do you have more questions about a personal injury settlement or claim? Are you still grappling with whether or not you should file a personal injury claim? The legal experts here at HHJ Trial Attorneys have all the training and experience to litigate your case. We provide legal services to many Californians who are seeking compensation for damages they sustained in a devastating car accident. Get in touch with us today and we can immediately begin reviewing your case.
Testimonial from Dawn, Satisfied Personal Injury Client
I was recently injured in an auto accident where my car was hit from behind and totaled. The driver responsible had an expired license and no insurance. Although I was covered under my own insurance for this type of accident, my insurance offered no assistance at all. I was in pain and not sure where to turn for answers. Thankfully, I found Adam Hepburn at HHJ Trial Attorneys. He took care of everything for me. He answered all my questions, walked me through the process and handled EVERYTHING with the insurance company. I have been able to heal and keep my sanity in the process. Thank you!!