The 4 Steps Involved in California Personal Injury Cases
If you are in the position of suing another person or a company for an injury, then you likely have many questions. At Law Offices of Fernando D. Vargas we are always happy to take on those questions. We believe our clients should have complete access to every aspect of their case. If you are wondering how the process works, read on to discover the four steps that are most commonly involved.
- Have your case analyzed
- Filing the lawsuit
- The pre-trial process
- The trial and post-trial
The first step is to have a personal injury attorney analyze your case to determine if you have a viable claim. You may very well believe that someone else is at fault but the law may not be as clear. A good attorney can look at the facts of your case, consider the law, and understand the entire picture. This process involves looking at the facts of the case and the evidence that is available.
If it appears as though there is a case, then your attorney may send a claim letter. This is an essential part of the process because it lets the other party know that you were injured and that you believe they are responsible. Ideally, the party will compensate you for your damages and you will not have to go to court. If this does not happen then your personal injury attorney will likely recommend that a lawsuit is filed.
If the other party will not compensate you for your damages then we will file a lawsuit. This involves us drafting a complaint that includes every fact of the case, including who was involved, where the incident took place, and what the damages were. The defendant can then answer their complaint and file claims if they have any of their own.
The next step is for the parties to get together and file relevant motions that resolve any legal issues before the case moves on to court. The fact-finding portion of the pre-trial process is known as discovery. In this part, each side can request information, take testimony for all parties, ask questions, and depose witnesses. This can take a long time but it is necessary to move forward with the case.
In the event that you do not settle the case between the interested parties, the case will go to trial. There both sides can make an opening statement, present their evidence, present testimony, and make closing arguments to a jury or judge. Once both sides have done so, a verdict is found. If it is in your favor then we will move on to collecting the judgement. If it is not, then we will discuss options to appeal the verdict.
As you can see, this process can be complicated and it can be long. The good news is that you have someone on your side. Reach out to Law Offices of Fernando D. Vargas at 909-982-0707 today for a free legal consultation. We are standing by to help you through this process.