Pursuing a lawsuit for a back injury can be a complex and lengthy process, but understanding what to expect can help you navigate the legal system more effectively. Attorney Bill Connor is a combat veteran and service-disabled due to a back injury from an Airborne operation. He has a unique perspective on back injuries and the litigation process. Here’s a comprehensive guide on what to expect during a back injury lawsuit.
1. Initial Consultation with an Attorney
Selecting a Lawyer:
- Choose an experienced injury lawyer who specializes in back injury cases. Look for someone with a proven track record and good client reviews. Bill Connor is a Christian attorney with an AV® Preeminent™ Peer Review Rating by Martindale- Hubbell®, recognizing his outstanding legal work, professionalism, and ethical standards.
Case Evaluation:
- During the initial consultation, your personal injury attorney will evaluate the details of your case, including the circumstances of your injury, medical records, and potential liability.
Legal Advice:
- Your lawyer will provide legal advice on the strength of your case, potential compensation, and the steps involved in filing a lawsuit.
2. Filing the Lawsuit
Complaint:
- Your attorney will file a Summons and Complaint with the court. The Summons calls the Defendant to answer the Complaint and the Complaint outlines the details of your injury, how it occurred, the damages you are seeking, and the legal basis for your claim.
Serving the Defendant:
- The defendant (the party you are suing) will be formally notified of the lawsuit through a process called service of process. Services ensures the defendant is aware of the legal action against them through a copy of the filed Summons and Complaint.
3. Pre-Trial Procedures
Written Discovery Phase:
- During discovery, both parties exchange information and gather evidence. This includes Requests to Admit, Interrogatories (written questions), and Requests for Production (primarily relevant documents) related to the case.
Depositions:
- You and other witnesses may be required to give depositions. During a deposition, you will answer questions under oath from the defendant’s attorney. Your lawyer will also have the opportunity to question the defendant and their witnesses.
Motions:
- Both parties may file pre-trial motions. These motions can request the court to make certain decisions, such as dismissing parts of the case or excluding certain evidence.
Settlement Negotiations:
- Many personal injury cases are settled out of court. Your lawyer may engage in negotiations with the defendant’s legal team to reach a fair settlement. If a settlement is reached, the case will not go to trial.
4. Preparing for Trial
Trial Preparation:
- If your case does not settle, your attorney will prepare for trial. This includes organizing evidence, preparing witnesses, and developing a trial strategy.
Jury Selection:
- In a jury trial, both parties will participate in selecting a jury. Potential jurors are questioned to ensure they can be impartial.
5. The Trial
Opening Statements:
- Both your injury attorney and the defendant’s attorney will present opening statements, outlining their respective cases and what they intend to prove.
Presentation of Evidence:
- Your lawyer will present evidence, including medical records, expert testimony, and witness statements, to support your claim. The defendant’s attorney will have the opportunity to cross-examine witnesses and present their own evidence.
Closing Arguments:
- After all evidence has been presented, both sides will make closing arguments, summarizing their case and why the jury should rule in their favor.
Jury Deliberation:
- The jury will deliberate and reach a verdict. They will decide whether the defendant is liable for your injuries and, if so, the amount of compensation you should receive.
Verdict:
- The jury’s verdict will be read in court. If the jury finds in your favor, the court will award you compensation. If the defendant is found not liable, you will not receive compensation.
6. Post-Trial
Appeals:
- Either party can appeal the verdict if they believe there were legal errors that affected the trial’s outcome. An appeal is a request for a higher court to review the case.
Collection of Judgment:
- If you win the case and the defendant does not appeal, your attorney will help you collect the awarded compensation. This may involve working with the defendant’s insurance company or other means of collection.
Conclusion
Understanding what to expect during a back injury lawsuit can help you prepare for each stage of the legal process. From the initial consultation to the final verdict, having knowledgeable legal representation is crucial. If you or a loved one has sustained a back injury, contact Bill Connor at The Bill Connor Law Firm in Orangeburg, South Carolina, for experienced legal guidance and representation. Bill Connor, a combat veteran and service disabled due to a back injury sustained during an Airborne operation, brings unique insight and dedication to his practice. Our skilled injury attorney will expertly guide you through the intricacies of your lawsuit, working diligently to ensure you receive the compensation you’re entitled to.
