All Press Releases for December 02, 2011

How the Litigation Process Works for a Personal Injury Case

Litigation, the word itself can have both frightening and negative connotations. Yet litigation is often necessary in collecting damages in a personal injury lawsuit.

    MIAMI, FL, December 02, 2011 /24-7PressRelease/ -- Litigation, the word itself can have both frightening and negative connotations. Yet litigation is often necessary in collecting damages in a personal injury lawsuit. It is important to remember that while litigation may include a trial, filing a lawsuit does not always mean you'll end up in court. Litigation is simply the process of bringing a lawsuit in the legal system, and fighting for the compensation you are due.

Investigation and Settlement Process
When you first visit your personal injury attorney, he will gather information and begin the process of investigating your accident. This may include gathering information from witnesses, police reports, medical documentation, insurance companies, and even the services of an investigative service or outside experts. This process can take several months, but it is necessary for your attorney to determine if you have a viable case that is worth pursuing.

If the investigation process reveals a reasonable likelihood of success, your attorney will generally file a complaint with the court. They will likely engage in settlement negotiations with the responsible party and their insurance company in parallel with court action. During this part of the process, your demands, backed up by the evidence gathered during the investigative process, will be presented to the other party. Your attorney will send a demand of payment to the other party and await their response. Depending on their response, settlement negotiations may continue for a long period of time. If negotiations are not progressing, your attorney will move onto litigation.

The Litigation Process
If litigation is necessary, your attorney will file a complaint with the court. The court will deliver this complaint to the other party, and they will have sixty days to answer. Once they file an answer, the discovery process begins.

The discovery process is the phase of litigation where both parties gather evidence and documentation to support their arguments. Written discovery will be exchanged between the parties, and also recorded during a deposition hearing. The discovery phase of litigation can take up to one year.

After the discovery phase, things move quickly. The other party can file a motion to dismiss your claim. You and your attorney will have fourteen days to respond to the motion, and the court will make a decision about how the trial should proceed.

You may be ordered into mediation where a neutral attorney hears both sides of the case and tries to negotiate a settlement. Mediation is not binding, and you are not required to settle during this process. If mediation is not required, or no agreement can be made, your case will proceed to trial. In these instances, having an aggressive and experienced personal injury attorney is essential to making sure you are fully compensated for all of your damages.

If you have questions about filing a personal injury lawsuit in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myer, Florida, please visit the website of The Cochran Firm South Florida for more information at

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