If you face a car accident or any other personal injury due to someone else’s negligence, the legal system in Utah gives you the chance to file a lawsuit and seek justice.
Whatever be the cause of the injury, the two main stages in a personal injury case remain the same. Read on to find out what these stages are. Having the right Car Accident Lawyer Utah on your side will make this a hassle-free process and ensure you get fair compensation.
- Pre-trial Phase and Discovery Tools
The discovery phase happens before the case moves to a court for trial. In this pre-trial phase, both parties collect facts about the incident from the other side to prepare for the main trial phase. The most common tools of discovery include –
- Written Discovery – It includes interrogations or admission requests where you get a chance to question the other party (using pre-set forms, special interrogations, or admit/deny statements) to collect facts about the case.
- Document Production – Each party asks the other one to produce valid documents relevant to the case. These may include medical records, service documents in car accident cases, business transaction details, etc.
- Depositions – In this kind of discovery, a person (under oath) responds to a lawyer’s questions while the court reporter records the comment. Depositions help lock witness statements and gauge the person’s body language and conduct for the upcoming trial.
- Trial Phase in a Personal Injury Case
The second phase is the actual trial, where the case moves to a courtroom. Based on the facts collected during the discovery phase, both parties represent their sides of the incident before the judge and jury. The judge then examines the points, questions the parties, and gives a verdict to prove whether or not the defendant is responsible for the incident.
A typical personal injury trial includes the following –
- Selecting the jury based on the exacts of the case
- Both parties make their opening remarks where they say their side of the argument
- Both lawyers call witnesses and cross-examine the facts
- Both the parties make their closing remarks and arguments
- The judge gives instructions to the jury
- The jury discusses and passes the final verdict
Settlements vs. Trials
While there is a legal structure in place, most personal injury cases do not reach the trial stage. Both the parties resolve it mutually by agreeing to a compensation amount. The insurance company of the defendant usually gives this compensation amount.
Only those cases that involve severe losses due to the injury or are complex, move to trial courts. A good legal team can guide you on whether you should settle outside the court or file a lawsuit.
An accident, however small or big, is a stressful experience for anyone. Be it the prolonged physical and mental recovery or the financial losses you face; no one wants to have this experience. But since these are accidents, there’s not much you can do to predict them. However, hiring the right lawyer can help you work out the legal complications smoothly.