March 11th, 2010Parts Of A DC Injury Case
Choosing your legal professional is the first step in pursuing a personal injury cause of action. In order to select a personal injury attorney that is right for you, you need to find out what experience the prospective attorney has handling cases that are factually similar to your injury situation.
At your first meeting with your attorney, 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 law firm, 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 claim. This time period is usually set by the legislature 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 your case is underway, your lawyer will probably file the required paperwork. This will include a document known as the complaint. The complaint outlines your case. There will also be a court filing fee that must be paid at the time of filing. This paperwork must also be properly served on the other parties to the case. Failing to effectuate proper service, may be cause for dismissal of your case.
After service has been properly effectuated, the defendants will probably provide some kind of answer. In some jurisdictions, this may either include a formal answer or a motion to dismiss your case. The next step is for the parties to begin the discovery phase. During discovery, requests are made by the parties for documents and information relevant to the issues giving rise to the case. Typically, these requests include a series of questions, requests for documents, and depositions of witnesses. It is not unlikely for this process to take a long time, even months or even years.
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 wrongdoing of health care providers: doctors, nurses, hospitals, clinics, nursing homes, pharmacists or others in Washington DC you need to talk to an experienced DC malpractice legal professional today. A DC malpractice legal professional who handles serious malpractice cases can tell you your options.