What Happens In a Personal Injury Case?

The Insurance Claim

Many accidents never see a courthouse. Settlements in these cases are often negotiated directly between the injured party’s attorney and the insurer of the liable party. If an offer or settlement is accepted, the injured party’s rights against the party responsible for the accident are terminated upon signing a release of claims and receiving the agreed amount of compensation.

Personal Injury Lawsuits

• Past and future medical bills
• Past and future lost earnings
• Pain and suffering
• Permanent disability
• Permanent disfigurement

The Appearance and Answer

After the person and/or entity alleged to be responsible for the accident (the defendant) is summoned and served with a lawsuit, they must respond and file an appearance and answer within 30 days. Once the answer is filed and served on the plaintiff, the discovery phase of the case begins.

Discovery

During discovery, both sides disclose all information they have regarding the case to each other. These include but aren’t limited to reports, medical information, and names and addresses of witnesses. Written questions are served on each side to be answered under oath, and witnesses are deposed. During depositions, a court reporter writes down all of the questions and answers that are expressed verbally, this may also be done by video. Witnesses usually include both parties, treating physicians, and people who saw the accident.

Settlement Negotiations

Settlement negotiations are a key part of the personal injury process. In many cases, settling the case outside of court is quicker and less costly than going to trial.

• Role of the Attorney: Your lawyer will help negotiate a fair settlement with the insurance company or the responsible party. They use their experience to assess the value of your case and ensure that your rights are protected.
• Factors Influencing Settlement: Several factors influence whether you should settle or go to trial, including the strength of your case, the extent of your injuries, and the amount of compensation offered.
• Alternative Dispute Resolution (ADR): Methods like mediation and arbitration can help resolve disputes without going to trial:
  • Mediation: A neutral third party helps both sides reach an agreement.
  • Arbitration: A more formal process where an arbitrator makes a binding decision after hearing both sides.

Pre-Trial Motions

Before the trial starts, there are motions that can shape the case. These motions are filed by either party to resolve certain issues early on.

• Motion to Dismiss: A request to throw out the case based on legal grounds, such as lack of jurisdiction or failure to state a valid claim.
• Motion for Summary Judgment: A request to have the case decided without a trial, arguing that the facts are clear and there is no need for a trial.
• Motion in Limine: This motion asks the court to limit or exclude certain evidence from being presented at trial, often to avoid prejudicing the jury.

Trial Process

If the case goes to trial, it follows a structured process.

• Jury Selection (Voir Dire): Potential jurors are questioned to ensure they are impartial. Both parties can challenge jurors they believe may not be fair.
• Opening Statements: Each side presents an overview of their case, outlining the facts they plan to prove.
• Witness Testimony: Both sides present evidence through witnesses, including expert testimonies, medical records, and testimonies from those who witnessed the accident.
• Closing Arguments: After all evidence is presented, both sides summarize their case and try to persuade the jury to rule in their favor.
• Burden of Proof: In a personal injury case, the plaintiff (the injured party) must prove their case by a “preponderance of the evidence”—meaning their version of events is more likely true than the defendant’s.
• Role of the Jury: The jury listens to all evidence, deliberates, and decides if the defendant is responsible and how much compensation the plaintiff should receive.

Each step is critical in ensuring a fair resolution, whether through settlement or a full trial.

FAQ (Frequently Asked Questions)

• What happens if the insurance company denies my claim?

  If the insurance company denies your personal injury claim, you have the option to appeal the decision or pursue legal action. This may involve filing a lawsuit against the responsible party. It’s crucial to consult with a personal injury attorney at Gottesman & Hollis, P,A. to explore your options and understand your rights.

• How long will my personal injury case take to resolve?

  The duration of a personal injury case depends on various factors, including the complexity of the case, whether a settlement is reached, and the court’s schedule. Some cases settle within months, while others may take years, especially if they go to trial. Your lawyer will be able to provide an estimated timeline based on the specifics of your case.

• Can I file a personal injury lawsuit if I was partially at fault for the accident?

  Yes, you may still be able to file a personal injury lawsuit even if you were partially at fault. Many states, including New Hampshire, use comparative fault rules, meaning your compensation may be reduced based on your degree of fault. Consulting with an attorney is essential to understand how your specific circumstances affect your case.

• What is the difference between mediation and arbitration?

  Both mediation and arbitration are forms of Alternative Dispute Resolution (ADR) used to resolve disputes without going to trial.

  • Mediation: A neutral third-party mediator helps the two sides reach a mutually acceptable agreement. The mediator does not make decisions for the parties; they guide the discussion to facilitate a resolution.
  • Arbitration: A more formal process where an arbitrator (a neutral third-party) hears both sides and makes a binding decision. The decision in arbitration is final, similar to a court judgment.
    Both methods can be quicker and less costly than a trial, but arbitration typically involves a more structured process.