Categories: Medical Malpractice

Getting Your Head into the Trial

If you and the defendant failed to reach a settlement agreement, it is likely that the next step for your personal injury case is a lawsuit. Therefore, it is in your best interests to prepare yourself for what is to come. This article will discuss what to expect before and during trial.

It is important to note what litigation entails. By definition litigation [Litigation | Wex | US Law | LII / Legal Information Institute (cornell.edu)] is “the process of resolving disputes by filing or answering a complaint through the public court system”.

When it comes to personal injury lawsuits the words trial and ordeal become synonymous. As they are an ordeal. However, being prepared mentally and physically may make a big difference.

Below are things to take note of before and during your trial:

  • It may take long to resolve – litigation, especially civil, takes long. In addition, it is frustrating. Unfortunately, there is no shortcut available to shorten the process. Small cases often get resolved quickly, however, medium to large cases may take several years to get to resolution to the point of you getting your money. Therefore, it is important to prepare yourself for this as generally, there is nothing your lawyer can do to speed things up.
  • Litigation can be confusing – the judicial system and litigation process are confusing. There are so many terms that can be confusing, for example:
    • pleadings
    • negotiations
    • adjournments
    • continuances
    • interrogatories
    • motions
    • deadlines

These are common concepts and occur often in litigation but can be confusing to non-legal folk. Take note that as the plaintiff you have the right to comprehend every single thing that is happening in your case. You must know why your hearing was postponed, why the defense attorney wants those documents, what your lawyer is talking about with the defense attorney. These are all your rights so ensure that your lawyer explains these things to you. If you fail to understand it the first time it is explained to you tell the lawyer to explain it to you again. If your lawyer, more often than not, fails to explain things to you you may need to seriously consider getting yourself the best lawyers in Anchorage [https://www.crowsonlaw.com/].

  • Goodbye privacy – by filing any kind of lawsuit, there is some privacy you will lose. As noted in the above definition of litigation, the process is done through the ‘” public” court system’. As such, if you file a lawsuit a defense attorney can ask you any and as many intrusive questions as he or she fancies. Further, the attorney can demand that you give them different types of documents in relation to your past employment, personal issues, finances, and medical history. And all this is part of the defense attorney’s legal right to do so. During the deposition they can ask detailed questions with regards to every injury you ever had in your life and every doctor you have ever seen for the past 10 years or so.

Your 2 minutes of fame – expect to be filmed, followed and called by private investigators. This is often a tactic used by insurance companies to gather information.

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Published by
Pawneer Tripathi

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