Personal injury cases in Washington, DC, usually take much longer than anyone would expect. While television dramas manage to resolve cases in record time, real-world claims take months and many legal steps to prepare.
Understanding the various stages of a lawsuit, from discovery to settlement negotiations, can ease some of the anxiety one feels during the process. Whether you need to negotiate with insurance companies or fight pretrial motions, an attorney can guide you through each step.
“If there are disputed injuries, an independent medical examination (IME) may apply. The process essentially offers the defense a way to have and assess physical injuries to the plaintiff. Sometimes intrusive yet highly relevant, an IME can greatly affect the thought processes of both sides in addressing damages and liability,” says Tony Munter a lawyer from Price Benowitz LLP.
Here is an overview of personal injury lawsuits in DC courts.
Understanding the Pretrial Phase in DC Personal Injury Cases
A personal injury lawsuit begins at the pre-trial stage when a complainant files a claim and receives an answer from the defendant. Both parties in the case then start gathering information pertinent to the case in a stage known as discovery.
The engaged attorneys will ask for any medical records, contracts, photographs, depositions, and other evidence that might relate to your claim.
Once discovery is complete, the attorneys begin to understand the potential outcome of the case better. At this point, many cases enter settlement negotiations and move to trial if both parties cannot resolve.
What to Expect During Discovery
Discovery is a vital part of any DC personal injury case. At this time, both parties can exchange information and evidence to help formulate their case or dismiss the opposing side.
Details exchanged might include medical records, testimony from witnesses, and interrogatories, which are written questions. Attorneys also request for photographs, contracts, or other relevant documents.
Pretrial Conferences and Motions in Washington, DC Courts
During the pre-trial stage, the judges usually hold a conference with lawyers to help telescope issues for trial. This phase allows attorneys to narrow legal arguments and determine what will be material to the case.
Conferences also seek to resolve disputes about evidence or witness lists. The judge may request the parties to prepare documents to be produced during the trial or provide a timeline for certain milestones.
Motions apply when one party requires court intervention in a matter. Common pre-trial motions include dismissing portions of a case or compel discovery responses from parties unwilling to cooperate.
Why Most Personal Injury Cases in Washington, D.C. Settle Before Trial
Most personal injury cases in Washington, D.C., settle before trial. Typically, settlement agreements save both parties from the vagaries and expenses of trial.
Trials take a lot of time and resources, from jury selection to opening statements, witness testimony, and legal arguments. A favorable settlement would provide some sort of monetary compensation without requiring the case to undergo years of litigation.
When considering settlement versus trial, it is essential to consult an attorney. A legal professional can evaluate your claim’s worth and determine whether going in front of a jury is worth the risk.
How Your Attorney Prepares You for the Road Ahead
Personal injury cases can bring clients into unfamiliar legal territory, from depositions to independent medical exams. You do not, however, have to face them on your own. Attorneys with Price Benowitz LLP can prepare you at every turn.
We have attorneys conversant with personal injury laws in Washington, DC, and those who have handled cases like yours. They can walk you through the document preparation, conferences, and correspondences that will be coming up.
Most importantly, our attorneys can negotiate on your behalf with either the insurance company or opposing counsel. The idea is to ensure you are fairly compensated for your injuries without delay.