In every personal injury or tort case, there are two parties, the Plaintiff, or injured party, and the Defendant, the individual or entity accused of negligence and damages.
When an attorney takes on a personal injury/tort case, the claim usually takes one of three routes before the client gets paid:
1. Negotiation
Negotiation is basically a back-and-forth process between the injured party’s attorney and the Defendant, his/her attorney, or an insurance adjuster. Your attorney will typically compile your medical records, bills, and documents such as wage loss information to give the Defendant an idea of your damages. The attorney may also provide a verbal or written summary of your pain and suffering.
2. Alternative Dispute Resolution
Alternative Dispute Resolution, or ADR, is when both the Plaintiff and Defendant’s representatives agree to submit the facts of the case to a third party (or uninvolved individual) for an objective evaluation of the Plaintiff’s claim against the Defendant. ADR’s take on many forms in many states, from a Court-sanctioned Case Evaluation, a mediation organized by opposing counsel, or Case Arbitration, where the results are binding, or permanent.
3. Litigation
Litigation is probably the most long-term and costly option. If Plaintiff and Defendant aren’t seeing eye to eye, chances are your claim will end up in litigation. The litigation process begins with your attorney filing a complaint, which must be submitted before the state’s Statute of Limitations expire (see previous article for more info on this). From this point, a Plaintiff can expect a long period of Discovery, when attorneys seek information from the other side about the accident, their clients’ backgrounds, and the materials and witnesses the other side is expecting to use at trial. Depositions are commonly taken, where individuals with information about the incident or Plaintiff’s medical treaters may be interviewed under oath to gather more information regarding the case. If ongoing negotiations or alternative dispute resolution fails, the Plaintiff may find himself in a jury trial. The longer the litigation lasts, the higher the case’s costs can go.
Goren, Goren & Harris has handled hundreds of personal injury cases- Call Us Today for additional information. We Want to Help.
Please Note: Nothing contained herein should be considered to be legal advice. Opting to read or submit a comment on this blog topic does not constitute an attorney-client privilege. If you feel you have a claim and would like to receive a free case consultation, please call our office toll-free at 1-800-6700-LAW.