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Oakland County,Michigan Lawyer Describes What Happens in Personal Injury Case

Oakland County Lawyer Describes What Happens in Personal Injury Case

Hello, my name is John Alexander and I am a personal injury attorney in Oakland County, Michigan. Today I want to talk about what happens in a  personal injury lawsuit. If you’ve been injured and it was the fault of another person and you’ve retained an attorney, chances are they are going to file a lawsuit for you. What that means is, your attorney will fill out a written document which alleges somebody else was at fault. It details what they did wrong, the other person and what your injuries are and it’s filed in court and then served on the defendant or the wrongdoer or the person that caused the injury.

Now when that piece of paper is served on them that person generally will turn it over to their own insurance company who will provide a counsel for the defendant or the wrongdoer and that’s called a defense attorney. The defense attorney will then file a written piece of paper in court called an answer and it basically is going to refute everything you’ve claimed in your lawsuit. It will refute what they did wrong, what your injuries are and so forth. And then the court will issue a timeline for discovery. Discovery is generally, depending on the court’s schedule, 3, 4, or 5 months discovery period is when each side can take the other side’s deposition.

Your deposition may be taken by the defense attorney; they’re going to find out what you know, what you are claiming, what your injuries are, and how you’ll present to a jury. Likewise your attorney will have a chance to take the defendant’s deposition and also during this discovery period you can exchange documents. People might request your medical records or your attorney might request records from the other side. Depending on the complexity of the case, the discover period may last even longer, such as in a complex construction case, where there might be several witnesses to an accident on a scene or several companies out there and then the discovery period is over. Then, your case will go to case evaluation.

Case evaluation is a process where three attorneys are appointed by the court. They review your case, they review the defense attorney’s defenses and they will issue a piece of paper with the suggested settlement amount and both sides, you and the other side, the defendant will have 28 days to accept or reject this award. If either side rejects the award, then the case will continue on to either a settlement conference with the judge or to facilitation, which is sort of a negotiation day where you try to resolve your case. And if your case does not settle at the settlement conference or the facilitation, it will then be scheduled for trial. And generally speaking older cases go first and criminal cases go first so your case might be bumped a few times. So your case may not be tried until a year, a year and a half, maybe even longer after your accident. And then the loser of that trial can generally appeal. And then the Appeals Court will look at the claims again.

Oakland County Lawyer Describes What Happens in Personal Injury Case

So, if you have any questions about what happens in a personal injury case, do not hesitate to call our office or call me at, 248-290-5600.

Oakland County Lawyer Describes What Happens in Personal Injury Case

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