The Legal Process
Lawsuits are often slow and expensive, so most personal injury lawsuits are settled out of court. A negotiated settlement can sometimes be reached even after a trial begins. In a court of law, the job of the plaintiff's attorney is to prove that the defendant is liable for the damages and the extent of the damages. We will seek compensation for your losses which can include compensation for medical expenses, lost wages, pain and suffering and even future lost earnings.
The person bringing the claim is commonly referred to as the plaintiff. The person who is sued is known as the defendant. Each side is entitled to learn what evidence the other side has regarding issues of liability and damages. This process preceding trial is called discovery. It allows both sides to adequately prepare for trial. Every state has its own set of rules regarding discovery, but below are some common examples.
Depositions
Oregon allows for sworn witness examinations. These proceedings, while usually conducted in a law office, can have the same force and effect as having testimony taken in court before a jury. A court reporter is present to record the questions, answers and objections; the witness is formally sworn and must testify under penalty of perjury. Depositions can last an hour, and in big cases, can last for days.Production Demands
Most states allow litigants to obtain copies of relevant documents to prepare their case for trial. Examples include employment records and wage verifications. Defense attorneys try to use past medical records of the plaintiff to prove that a prior or unrelated accident was the substantial cause of the plaintiff's injury.Arbitration and Mediation
An option for litigants is to either arbitrate or mediate their case prior to trial. An arbitration or mediation can be binding (the decision is final and trial is waived) or non-binding. The process varies from each individual arbitrator or mediator. However, arbitrations generally include testimony by the parties while mediations do not. Both systems are generally a faster and cheaper means of finalizing litigation than trial. An experienced attorney can advise if your case should go to arbitration, mediation or trial.Trial
Trial is a fluid process. Your lawyer needs to be prepared. The relevant legal issues must be researched; motions must be drafted and witnesses prepared. Be aware, trial is unpredictable. Lawyers will warn their clients that anything is possible. There are no guaranteed winners or losers in this game. Witnesses can back out, judges can make bad rulings, and juries can be biased. An experienced lawyer can give you all the options necessary to determine if your case should go to trial.