- August 29, 2011
- In personal Injury
If a settlement agreement between your Orange County personal lawyer and the insurance company is not reached before the trial date, then your case will proceed to the litigation phase. Your Orange County personal injury attorney will be able to tell you what exactly will happen in your specific situation, but generally speaking, there will be a certain sequence of events leading up to the date of the trial.
Firstly, your Orange County personal injury lawyer will prepare a Summons and Complaint. This is usually done without you being involved and will mean that your side is filing a claim in court. Then, the Summons and Complaint will be served to the individuals, group of people, or company that is responsible for your injuries. From this point onward, that party will be referred to as the defendant and you will be known as the plaintiff.
Next, the defendant will respond to your having served them with your complaint by hiring a lawyer to defend the lawsuit and then having that lawyer file an Answer to the complaint. In the Answer, the defendant will generally deny culpability for your injury as well as the extent of the injury. Additionally, the Answer might try to involve other parties who could have been involved in the incident that caused your injury.
After the other side responds to your having filed suit, the process of discovery will begin. In it, each side solicits information from the other. It can include inquiries that require written responses, which are called interrogatories. Depositions may also be taken, which means that testimony is given before both lawyers and taken down by a court reporter so that a transcript can be prepared afterwards. Additionally, requests could be made by the other side for documents related to the case, including but not limited to medical reports, witness statements, or medical bills. Even if the insurance company has already sent the requested documents to the defendant’s lawyer, your Orange County personal injury attorney should send copies to them.
Before the preparations for the actual trial begin, a process called requests for admissions will take place. In it, both sides will admit what facts of the case are not being contested so that the trial’s scope will be narrowed. After that, your Orange County personal injury attorney will prepare you for trial and do all that is needed for the court dates. Then, if the case still has not settled, the trial will begin. To ensure that your settlement or trial goes as favorably for you as possible, call Law office of Samer Habbas at (888) 848-5084 to schedule a free consultation with Samer Habbas.