What To Expect During Pretrial in a Personal Injury Case
Key Takeaways:
- The pretrial phase in a personal injury case can take months or longer, including the discovery process.
- Discovery before a personal injury trial includes interviewing parties and witnesses and exchanging records and evidence.
- Before the trial, the civil court judge may hold several pretrial conferences to narrow the issues and settle any disputes before the case goes to a jury.
Personal injury cases can be very different from how they appear on television. Daytime court shows may only deal with a civil case for 15 minutes. In reality, dog bites, medical malpractice, and car accident cases can take months until they come before a judge or jury.
The pretrial phase falls between filing the complaint and the trial date. This can include discovery, conferences with the judge, and pretrial motions. Your attorney can help you understand the pretrial phase of a personal injury trial. For more information about the pretrial process, talk to a personal injury lawyer for legal advice.
What Happens During the Pretrial Phase of a Lawsuit?
A personal injury claim begins with filing a complaint. The opposing party files an answer, and the litigation process begins. The next part of a civil lawsuit is the discovery phase. In discovery, the parties exchange information and pretrial evidence, including:
- Medical records
- Contracts
- Photographs
- Interrogatories
- Depositions
- Independent medical examinations (IMEs)
After exchanging all relevant information, each party has a better idea of the lawsuit. This includes the strengths, weaknesses, and value of the injured party’s damages. The next part of the legal process involves meeting with the judge, narrowing the legal issues, and resolving pretrial disputes.
What Is the Purpose of a Pretrial Conference?
The judge managing the case may have many conferences with the parties, insurance companies, and their legal teams. In pretrial conferences, status conferences, and case management conferences, the parties can:
- Narrow the issues in dispute
- Identify where the parties disagree in a settlement agreement
- Resolve discovery disputes
- Identify witnesses for trial
- Identify documents and other evidence for trial
- Establish a pretrial schedule
What Are Pretrial Motions?
Before the jury trial, your attorney may have to resolve disputes with the defendant’s lawyers. For example, the other lawyer may not hand over relevant evidence. They may fail to attend conferences or not respond to letters or phone calls. This requires decisive action on your attorney’s part by filing a motion.
A motion is a legal claim asking the judge to take certain actions in a lawsuit. Pretrial motions refer to legal motions filed before the case goes to trial. Examples of pretrial motions include:
- Motion to extend discovery
- Motion to dismiss the complaint
- Motion to suppress evidence
- Motion to compel the production of evidence
- Motion to strike pleadings
- Motion to amend the complaint or answer
- Motion for summary judgment
Each of these has its purpose and its own protocols and procedures. An experienced personal injury attorney will know how to prepare for and argue these, and it will be your best chance at success for each of these.
Will the Personal Injury Lawsuit Settle Before Trial?
Most personal injury claims settle before they ever go to jury deliberation. Some cases settle after the attorney makes an initial demand letter. The closer a case gets to trial, the more likely it is to settle.
Before the trial, the judge may call a pretrial settlement conference to try and get the parties to settle. A settlement can also help the court save the time and resources of going through trial. If you are unsure whether to accept the settlement offer or go to trial, talk to your attorney about the pros and cons of settlement and trial.
Trials can be expensive, time-consuming, and stressful. Ultimately, there is no guarantee that the jury will award you anything. A settlement can be a way to make sure you get some compensation and avoid having to go through a trial.
How Can a Lawyer Prepare You for the Pretrial Phase?
A personal injury claim may be the first time you must deal with depositions and independent medical examinations. Your attorney can help you prepare for the pretrial phase so you know what to expect. Your attorney can also handle settlement negotiations with the insurance adjuster.
Your attorney can keep you up-to-date with any developments and make sure you stay informed of your legal options. For more information about what you can expect during the pretrial phase of a civil lawsuit, talk to an experienced personal injury attorney.
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