Parts Of A DC Injury Case
Wednesday, March 10th, 2010The very first part of starting down the path of a personal injury claim is deciding which lawyer to choose. There are many ways to choose your lawyer and finding one that is the best fit for you requires asking the legal professional the right questions.
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 law firm feels that you have a valid case, and you decide to hire the lawyer, 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 lawsuits 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 law firm and decided to pursue your personal injury case, your legal professional 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 attorney 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.
Once discovery has begun, it is very common for the parties to begin negotiating a settlement. Settlement negotiations involve discussions by the lawyers about how much compensation the defendants are willing to pay, if any. If the parties can agree on an amount, then the parties enter into a binding settlement agreement. Settlement agreements are the most common way for personal injury cases to end. However, in some situations, the parties are not able to come to an agreement and the case must go to trial.
If you have been traumatically injured by the negligence of health care providers: doctors, nurses, hospitals, clinics, nursing homes, pharmacists or others in Washington DC you need to talk to an knowledgeable DC injury attorney today. A DC injury attorney who handles serious injury cases can tell you your options.