 |
 |
 |
|
|
|
|
|
|
 |
|
|
|
|
|
| Your Personal Injury Lawsuit: |
|
| What You Can Expect |
|
 |
|
©2006 Lee Tarte Wallace
Welcome! We realize that you may be entrusting a law firm with one of the most important matters in your life. We are honored you are considering our firm.
We also realize that right now you may be worried and concerned. Most people have never been inside a courtroom, and certainly they have never filed a lawsuit. It is entirely normal to be apprehensive about what will happen. The process doesn’t have to be scary, though, because we will take the time to explan to you what will happen during each phase of the process.
We hope you will choose our firm. Here is an explanation of how we will work with you if you choose our firm.
Before suit
My staff and I will interview you, and then we will ask you to help us gather together the important documents and facts about your case. For example, we will ask you about the doctors you have seen (or that your family member saw).
To make the process easy, we have prepared a special form we call the “Client Intake Form.” The form will guide you through the process of helping us collect the information we will need.
During the investigation, we may gather medical records, and we may talk to experts about your case.
While certainly we can never guarantee results, our goal is to take your case only if we think we have a real chance of succeeding for you. Occasionally, the law or the facts make it too difficult for us to bring your case. If for some reason we believe that we cannot help you, or that another lawyer can help you more, then we will tell you up front that we cannot take your case.
How much will it cost?
We take personal injury cases on what is called a “contingency fee.” In other words, whether we get paid is contingent on whether you get paid. If you do not get paid, we don’t either. We only get paid out of what you ultimately win.
When will the lawsuit start?
If we accept your case, we will file a document called a “complaint.” Since we are filing the suit, you will be called the “plaintiff.” The person or company you are suing will be called the “defendant.” In most cases, the defendant has 30 days after he receives your complaint to file an “answer.”
During the suit
After suit is filed, the case will go into a period called “discovery,” which can last anywhere from several months to several years.
During the discovery period, both sides will try to make sure they know all the facts about the case.
Both sides will send each other written discovery, which is lists of questions (called “interrogatories” or “requests to admit”) or requests for important documents. When the defendant sends questions for you to answer, we will help you with the process. In fact, one of the reasons we have you fill out the Client Intake Form is to gather together -- in advance -- the information the other side is most likely to ask for during discovery. Sometimes we believe one of the questions is inappropriate. If so, we will object, and we will not allow you to answer that question.
Usually the other side will ask for your deposition. In most cases your deposition will take place at our firm’s office. The lawyer for the defendant will ask you questions about what happened. I always prepare my clients beforehand so that they know what to expect, and I sit with them throughout the deposition. If the questions become inappropriate, I object and refuse to let my client answer.
Settlement and Negotiation
Clients often ask me about whether their case will settle. Almost all cases do settle before trial. At some point before trial, usually the parties will discuss settlement, or go to a mediation to see whether they can agree on an amount to settle the case.
Some lawyers focus on settlement. From the minute you set foot in their doors, these lawyers start talking about settling your case.
Insurance companies and other defendants know these lawyers well, and they know these lawyers are not willing to prepare your case thoroughly and take it to trial. Insurance companies know they do not have to pay full value to anyone represented by those lawyers. If trial gets too close, these lawyers will have to accept whatever the other side is willing to offer.
From the time I take your case, I am thinking about how I will present it at trial, and working on getting your case ready for trial. That way, if we settle, it will be because the defendant knew it had to deal fairly with you because your case is ready for trial.
At Trial
When your trial date comes, the lawyers and the judge will select a jury from a large group of people. We will be able to “strike” (which means “remove”) some jurors we think cannot be fair to you, and the other side will be allowed to do the same thing. Then the lawyers for both sides will present the case. Both sides will put up witnesses, and make arguments to the jury. After the lawyers finish, the judge gives the jury instructions about the law. The jury then deliberates until it reaches a decision in the case.
It will be our firm’s honor and privilege to present your case, and to tell the jury about why we believe you are right.
We hope you will select us as your law firm. We look forward to working with you if you do.
 
© 2007, Lee Tarte Wallace
The contents of this page: (a) should not be considered or relied upon as legal, financial or other professional advice in any manner whatsoever, and (b) may be considered advertising under some state’s Bar Rules. Unless otherwise stated, no article or text at this Internet site is, has been, or will be updated or revised for accuracy as statutory or case law changes following the date of first publication. Always consult with your lawyer and/or your other professional advisors before acting.
|
|
|
|
|
|
|
 |
           
|
 |
|
|
|
|
|
|
|
|
 |
|
