An experienced accident attorney will typically do everything possible to get you the best possible settlement for your case, as avoiding trial is often the preferable option. Sometimes, however, a jury trial offers the best options for a favorable resolution.
Here is a list of the steps you can expect your attorney to go through if your auto accident, truck accident, commercial vehicle accident, motorcycle accident, or personal injury case goes to trial:
- Complaint. A complaint is made against an insurance company, often regarding an accident, injury, or other issue covered under an insurance policy.
- Answer. The insurer responds to the complaint.
- Discovery. In the discovery phase, the insurance case is considered to be “at issue.” The insurance company and the insured party exchange information about their views of the case. This process is also known as “pre-trial discovery,” and may include the following actions:
- Interrogatories. Interrogatories are a series of written questions to which each side must respond, usually under oath. There may be an advantage to being the first in a case to request interrogatories, as this provides the opportunity to hear the other side’s responses before your side answers any questions.
- Production of documents. These often include relevant documents such as medical bills, receipts for vehicle repair, etc.
- Deposition. A deposition takes place when the parties involved in the case answer questions in person, typically under oath. Deposition is often considered to be the best way to find out what a party knows about a case. The defense will often call for depositions.
- Independent medical examination (IME). If injuries are involved in an insurance case, the defense may call for an independent medical examination to determine the cause and scope of injuries suffered.
- Pre-trial settlement. It is possible that even after going through all of the steps listed above, the insurer may request a pre-trial settlement. If so, then the case will likely go into mediation, during which time a settlement between the parties involved may be reached and the case will not go to court. But if mediation is not successful, then the case moves to trial.
The Law Offices of Paul J. Healy have served Jacksonville and the North Florida counties of Duval, Baker, Clay, Nassau and St. Johns in the areas of accidents, personal injury and probate since 1989.
