Stages of an Injury Case In Washington DC
At your first meeting with your law firm, they will ask you several questions about your legal situation. In addition, they may take pictures, review documents, and ask you to sign a medical authorization. They will also review their retainer with you outline how their fee will be paid. If the lawyer feels that you have a valid case, and you decide to hire the attorney, you will be asked to sign the retainer. While some personal injury lawyers may charge hourly rates, most personal injury cases are taken on a contingency basis.
Another important consideration for personal injury legal actions is called "the statute of limitations". This is the time that a person has to bring their personal injury case. This time period is usually set by the laws of your state and may be as short as one to two years. This time period varies from state to state and it's important that you discuss this issue with your lawyer early on. If you don't meet the statutory timing requirements, you may lose your ability to recover for your injuries forever.
Once you have hired your attorney and decided to pursue your personal injury case, your attorney will probably file a legal document known as a complaint. The complaint sets forth your allegations against the defendant and the basis upon which you are claiming that you are entitled compensation for your injuries. The complaint usually contains some basic factual information about what happened to you and why you think you are entitled to monetary damages. Depending on the nature and circumstances of your case, there may be specific things that must be in your complaint. Your personal injury lawyer should be familiar with what needs to be in your complaint.
Once the defendants have been put on notice of the lawsuit against them, they are given an opportunity to respond to the allegations made by the plaintiff in the complaint. The common responses to a complaint are an "Answer" and a "Motion To Dismiss" or "Motion For Summary Disposition". Once the defendant has answered the complaint, and assuming that any motions for dismissal have been denied, the case moves into the discovery portion of the litigation. This is the time where the parties request an exchange of documents, and other evidence that may be used at the time of trial.
During and following discovery, the parties may begin discussing resolving the case through a settlement agreement. A settlement agreement usually involves the defendant paying the plaintiff a certain sum of money in exchange for the plaintiff's dropping of the lawsuit. Generally, most personal injury cases are resolved through some form of settlement. However, if the parties cannot reach a settlement, the case continues to the trial phase. At trial both parties present their cases and the matter is resolved by a judge or a jury.