Even though the Decatur personal injury lawyers representing you will try to achieve a settlement of your claim, there are times when a lawsuit proves unavoidable. Numerous factors can lead to lawsuit, but very often it is because the defendant’s insurance company is unwilling to agree to a fair settlement.

Complaint and Answer

Once preparation for a lawsuit becomes the focus of your case, your Decatur personal injury lawyers will conduct a final investigation, after which they will file a Summons and Complaint with the court. This document will be served upon the defendant, whose insurance company will then hire a lawyer.

The defendant’s lawyer will then file an Answer to the Complaint. In most cases this includes a denial of the defendant’s liability, and may also claim that your injuries are not as extensive as you suggest. You will have very little involvement in this initial part of the litigation process.

Discovery

The discovery phase is where both sides seek information from each other. You will have some involvement during this phase. Discovery includes:

• Interrogatories – These are sets of questions requiring written answers. You will need to answer interrogatories.
• Depositions – Oral testimony taken usually in an office with a court reporter present. You can expect the defendant’s lawyers to call you to a deposition, and your Decatur personal injury lawyers will, in turn, depose the defendant and witnesses.
• Requests for Production of Documents – Defense lawyers will file formal requests for such documents as your medical records, medical bills, and statements from witnesses.
• Requests for Admissions – These requests are essentially to obtain stipulations to certain facts in a case that are not in dispute. This helps facilitate litigation in that lawyers don’t get bogged down in insignificant or obvious details.

Pretrial

Certain motions, pre-trial briefs and video depositions of doctors may be filed as preparation for trial wraps up. Your lawyers may need to appear before the judge for these and other issues before your case is finally placed on the court calendar.

If you have been injured in an accident because of the negligence of another, Decatur personal injury lawyers can help you determine whether you have grounds for a claim. Call John Cannon for a free consultation today at 800-373-6050.