IntroductionNo one personal injury lawsuit is exactly the same, however, the legal procedures are basically the same. In the legal industry, attorneys and paralegals use the verbiage, "fact pattern" to describe a case. For a personal injury case to exist, the fact pattern needs to have a person or persons to be injured in some way. This type of person(s) is known as the plaintiff. The plaintiff tries to seek legal redress from the party or parties that are liable for the injury. The person(s) responsible are known as the defendant. This article will explain the main phases of a personal injury lawsuit. The purpose of this article is to allow the plaintiff and the defendant to know what to expect.
In most cases, the plaintiff will seek an attorney to represent him or her, however, one can represent themselves. This is known as pro se. usually representing oneself is not a good idea due to the complexities of the law. Courts have an expectation that filings are done timely and accurately. The same holds true for the defendant. An experienced New Jersey personal injury lawyer develop strategies that the average person would not know.
Meeting the Attorney for the First TimeInitially, the plaintiff, as well as the defendant will be interviewed by an attorney or paralegal to gather the facts. Once the parties choose their respective attorneys, they will need to sign a retainer agreement. The plaintiff's retainer agreement is usually based on a contingency fee. This means the attorney can only be paid for their services if they collect a settlement on behalf of their client. In contrast, the defendant's attorney is usually based on an hourly fee. Each state determines how much of a fee an attorney can collect on a contingency basis. For example, below is a fee schedule what the State of New Jersey's Supreme Court would allow.
Fundamental Elements of a Personal Injury CaseFor personal injury case to begin, a complaint must be filed with the court. The complaint has a caption that states the name of the plaintiff and defendant. The caption also shows the jurisdiction where the case will be heard. Personal injury cases are heard in civil court. The body of the complaint states the facts why the plaintiff is entitled to relief. At the end of the complaint, it will request a statement of relief as well as a jury demand.
The beginning process of a personal injury case is known as discovery. This will help to avoid concealment and surprise during trial. The main components of discovery are the following:
Document requests are written requests by the plaintiff and defendant seeking formal permission from each other to obtain copies of records, and documents. In addition, document requests allow for meaningful evidence to be investigated and duplicated. This tool is useful because it will allow the plaintiff or the defendant to demand records.
Inspection of property and things this tool is useful because it allows the plaintiff or the defendant to gain access each other property or tangible items. For example, in an auto accident the plaintiff can have engineers do tests on the defendant's vehicle for new evidence. The results could possibly change the outcome of the case.
Physical and mental examinations allow the defendant to have their doctors assess physical and mental condition of the plaintiff. This tool can possibly disclose if the plaintiff is exaggerating their condition.
Request for admissions is a written statement that compels either the defendant or plaintiff to admit or deny a fact or document's validity. This tool is useful because it can help the defendant petition for a summary judgment. A summary judgment is when the defendant can claim there is no merit to the case, therefore, have the case dismissed.
Depositions - are oral questions that are directed at the plaintiff or the defendant. Depositions are taken by a court reporter who are usually a notary public. The deponent is under oath to answer the questions truthfully. The statements taken at the deposition can be used at trial.
Preparing for trialThe defense and plaintiff can negotiate a settlement at any time during the legal proceedings. If the litigants cannot agree on a settlement, then the parties will prepare for a trial. Based on the preponderance of the evidence the jury will decide if the plaintiff wins or loses. Unlike a criminal trial, there 6 to 8 jurors that are chosen with 2 alternate jurors. In major litigation cases, usually million dollars and above, defense or plaintiff attorneys might use jury consultants to achieve the best possible results.
ConclusionA trial can be a timely matter. A New Jersey personal injury lawyer can postpone the trial due to conflicting matters, illness or vacation. For the same reasons the judge can do the same. The time and cost of a trial is the driving factor for both sides to reach a settlement. The belief is that if a settlement can be reached this eliminates the risk that the jury renders a verdict either too high or too low.
In most cases, the plaintiff will seek an attorney to represent him or her, however, one can represent themselves. This is known as pro se. usually representing oneself is not a good idea due to the complexities of the law. Courts have an expectation that filings are done timely and accurately. The same holds true for the defendant. An experienced New Jersey personal injury lawyer develop strategies that the average person would not know.
Meeting the Attorney for the First TimeInitially, the plaintiff, as well as the defendant will be interviewed by an attorney or paralegal to gather the facts. Once the parties choose their respective attorneys, they will need to sign a retainer agreement. The plaintiff's retainer agreement is usually based on a contingency fee. This means the attorney can only be paid for their services if they collect a settlement on behalf of their client. In contrast, the defendant's attorney is usually based on an hourly fee. Each state determines how much of a fee an attorney can collect on a contingency basis. For example, below is a fee schedule what the State of New Jersey's Supreme Court would allow.
- Not to exceed 33% of first $500,000
- Not to exceed 30% of second $500,000
- Not to exceed 25% of third $500,000
- Not to exceed 20% of fourth $500,000
Fundamental Elements of a Personal Injury CaseFor personal injury case to begin, a complaint must be filed with the court. The complaint has a caption that states the name of the plaintiff and defendant. The caption also shows the jurisdiction where the case will be heard. Personal injury cases are heard in civil court. The body of the complaint states the facts why the plaintiff is entitled to relief. At the end of the complaint, it will request a statement of relief as well as a jury demand.
The beginning process of a personal injury case is known as discovery. This will help to avoid concealment and surprise during trial. The main components of discovery are the following:
- Document requests
- Inspection of property and things
- Physical and mental examinations
- Request for admissions
Document requests are written requests by the plaintiff and defendant seeking formal permission from each other to obtain copies of records, and documents. In addition, document requests allow for meaningful evidence to be investigated and duplicated. This tool is useful because it will allow the plaintiff or the defendant to demand records.
Inspection of property and things this tool is useful because it allows the plaintiff or the defendant to gain access each other property or tangible items. For example, in an auto accident the plaintiff can have engineers do tests on the defendant's vehicle for new evidence. The results could possibly change the outcome of the case.
Physical and mental examinations allow the defendant to have their doctors assess physical and mental condition of the plaintiff. This tool can possibly disclose if the plaintiff is exaggerating their condition.
Request for admissions is a written statement that compels either the defendant or plaintiff to admit or deny a fact or document's validity. This tool is useful because it can help the defendant petition for a summary judgment. A summary judgment is when the defendant can claim there is no merit to the case, therefore, have the case dismissed.
Depositions - are oral questions that are directed at the plaintiff or the defendant. Depositions are taken by a court reporter who are usually a notary public. The deponent is under oath to answer the questions truthfully. The statements taken at the deposition can be used at trial.
Preparing for trialThe defense and plaintiff can negotiate a settlement at any time during the legal proceedings. If the litigants cannot agree on a settlement, then the parties will prepare for a trial. Based on the preponderance of the evidence the jury will decide if the plaintiff wins or loses. Unlike a criminal trial, there 6 to 8 jurors that are chosen with 2 alternate jurors. In major litigation cases, usually million dollars and above, defense or plaintiff attorneys might use jury consultants to achieve the best possible results.
ConclusionA trial can be a timely matter. A New Jersey personal injury lawyer can postpone the trial due to conflicting matters, illness or vacation. For the same reasons the judge can do the same. The time and cost of a trial is the driving factor for both sides to reach a settlement. The belief is that if a settlement can be reached this eliminates the risk that the jury renders a verdict either too high or too low.