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Step by Step Process of Litigation in Personal Injury Lawsuit in Toledo

Step by Step Process of Litigation in Personal Injury Lawsuit in Toledo
Written by Ramit

Injury can happen anytime, and if someone else’s negligence causes that injury, you have the right to file a case if the insurance company fails to provide you the due compensation. You need to know the process of filing a lawsuit if you are injured in Toledo. In this blog, you will read about the entire process of litigation. 

Initial consultation

In the initial consultation with the lawyer, you will get an opportunity to ask many questions. Even the lawyer will ask you questions to get an insight into your case. He will tell you about his fees for handling your claim, the probable compensation you can receive, and the strategy to win the case. Generally, lawyers take payments on a contingency basis, which means they will take a fraction of what you will receive as compensation. It allows flexibility as you need not pay any money upfront.

Filing complaint

Then the lawyer will collect all the relevant documents and draft a complaint in which you are called the plaintiff, and the other party is called the defendant. The lawyer will mention the relevant details, like the nature of the injury, the liability of the defendant, and the types of damage you are seeking compensation for. The defendant will answer the complaint.

Discovery

Once both the parties exchange the documents, they enter into a discovery phase in which they exchange the pieces of evidence that support their stand. You may also ask your medical team who treated you to provide the reports so that you can add to the evidence and make your case more concrete.

Pre-trial motions

It is a meeting in which the plaintiff, defendant, and judge meet, and both the parties provide the pieces of evidence. It is also an attempt to settle the case there itself so that they can avoid the trials. 

Settlement Negotiations

Then the phase of negotiation begins. The plaintiff asks for an amount, and the defendant replies with the offer amount. The answers go back and forth, and in some situations, the case gets settled even before the actual trial begins.

Trial

Though most cases get settled without trials, you might have to go for trial hearings in some cases.

Conclusion

It can take even more than one year for the actual trial to begin. The litigation process is a lengthy one, so make sure you stay calm.

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Ramit

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