The duration of the litigation process for personal injury cases, much like any other litigations out there, is very hard to determine.
There are a lot of factors to consider that is why one case can take only weeks while other cases can go on for months.
You have to be aware of the litigation process itself in order to have an estimate of how long it will take before you get your final compensation; and that is if you win the case.
Remember that court settlement does not guarantee any claims.
The first part of the litigation process is known as Pleading.
At this point, the complainant will file a petition or complaint to the court.
The plaintiff should outline the case in detail including the amount of payment requested.
The defendant will then receive the notification of the lawsuit.
He or she will be given enough time to respond to the notification.
The defendant can accept or deny or answer by stating insufficient evidence filed by the complainant.
The defendant can also raise counterarguments and claims against the other party at this stage and the defendant would have to answer it by accepting, denying or declaring insufficient evidence as well.
The next part is Discovery.
This is done before the actual trial takes place.
All information and documents are disclosed here for the benefit of both parties as well as that of the court.
This stage includes interrogations, request for admissions, oral interviews, submission of documents and its inspection.
Motions are raised during the trial of the case, but did you know that there is also what is called pre-trial motion? The lawyers of both parties can, and is in fact advised to, enter motions in order to resolve the case as soon as possible.
The lawyer can raise a motion if the facts presented are compelling and undisputed by the other party.
The evidence is so clear that there are no more doubts that the claim is reasonable.
There can also be a motion to dismiss if the documents are deemed insufficient.
Another motion that can be used is default judgment.
This is raised if the defendant fails to appear in court.
If there are no motions involved during the pre-trial, the trial proper begins.
The jury is then selected.
For bench trials, the jury is no longer needed.
The lawyers will have to take their turns in giving out the opening statements.
Both sides will present their case by presenting evidences and witness.
They will examine and cross examine all that is presented in the court.
The trial ends when both lawyers are asked to give their closing arguments.
The court session will adjourn leaving the jury and the judge to reach their final verdict.