There are many good attorneys and there many bad attorneys. The difference between hiring a good attorney in hiring and hiring a bad attorney can be the difference between receiving a good resolution or feeling like you are pulling teeth and making no progress. Be careful and make sure you choose a good attorney.
When you're in an accident, the scene does not stay that way very long. Witnesses drive away, vehicles are towed, an injured person goes to the doctor for treatment. When you make a claim to an insurance company or a jury you try to re-create the accident scene as best you can. In order to do that, is important to preserve evidence to make the strongest case possible.
The basic concept of filing a lawsuit is determining who is at fault or responsible for the accident and how much the injured party is hurt any dollar amount so that the injured person can be "made a whole again." Although that is a basic concept, in practice it can be quite complicated. Rarely is one party entirely 100% at fault; and equally rarely as a person's injuries exclusively related to the accident. Sifting through fault and recovery is the ultimate purpose of a lawsuit.
The money an injured party receives as a result of an accident is called damages. Actually, there are several types of damages. The types of damages recoverable are determined by the type of defendant and type of accident involved. Each case is very different and presents a unique calculation of damages.
Discovery is the part of the lawsuit where each side, the plaintiff and the defendant, find out and present to each other the facts of the lawsuit as each side sees it. Some discovery our written questions in each side produces on the other side and other types of discovery our oral questions and answers taken before a court reporter as though it were in court. Discovery is one of the most important parts of a case as it sets up what will be discussed in the courtroom.
Structured settlements can be useful tools for Plaintiffs. Structured settlements can be helpful for tax reasons, financial planning and for safe asset growth. While not for everyone, Plaintiffs should consider whether or not a structured settlement is right for them.
Most cases settle before trial at mediation. Mediation is an opportunity to settle the case where both parties are present and present arguments before a neutral mediator. The mediator has several tools to help resolve cases. Parties are also strategic in how they present their cases.