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It is easy to become distressed and confused when trying to figure out just how a lawsuit works. It is imperative to have advocates like us who can help you and an experience attorney that understands what you are up against and how to effectively fight for justice and change.
Is important for you to understand some of the basics so that you feel more at ease with what is going on, and so you can do your best job advocating your position with your attorney. Being involved in an accident is traumatic. The procedural mess of pleadings and motions make a lawsuit seem as unintelligible.
Anyone who is injured in a accident might have a case. Additionally, when someone dies in a accident, their loved ones (spouse, parents, children, siblings, etc.) can sue, sometimes his or her estate may, and in some situations, the estate and survivors might both have claims, depending on the state.
Many laws and rules applicable to an case depend upon the state where the accident happened, where the company does business, and/or where the lawsuit is filed.
States have different time period requirements for when a suit can be brought.
They have rules regarding who is allowed to sue in certain situations.
The investigation of a case should begin immediately. After a serious accident, it is a certain bet that the company’s insurance carrier hired a “Rapid Response Team” to investigate the accident and gather evidence for their defense. The failure to have a similar team acting on your behalf can prejudice your position.
It is very common at some point in the preparation of the case for the court to require the parties to mediate the case. Mediation is a non‐binding procedure by which the lawyers and parties from each side have a meeting with each other that is conducted by a neutral third person to explore whether the case can be sett
In the presentation of evidence, the plaintiff puts on their evidence first, followed by the defendant. At the close of all evidence, the lawyers make their closing arguments and the judge instructs the jury. The jury then deliberates and decides the issues raised by the jury instructions by reaching a verdict.
Cases are often settled out of court because companies and insurers wish to avoid negative publicity and the wrath of an angry jury.
We strongly recommend that you hire an experienced lawyer who is capable of treating the investigation and preparation of your case as though it will be tried.
Attorneys are paid on a contingent fee basis. That is, the lawyer is paid a percentage of the recovery they may obtain from the company (or its insurer), and there is no fee if there is no recovery. The fee may be “net of expenses” or “before expenses.” This is an important difference.
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