What Happens in the Court System?

Once a lawsuit is filed, you become the "plaintiff" and the person or company who hurt you is the "defendant." Lawyers from both sides, yours and the defendant's, conduct "discovery." This process involves more formal investigation of the case. Questions are answered in writing and with live testimony. Documents are exchanged, experts testify, and all evidence needed for trial is put into official form. At the Zevan Davidson Farris Stewart Law Firm, we prepare every case as if it will be tried in Court! This approach tells the defendant or insurance company that they will either take responsibility for the injury they caused or a Judge and jury will place responsibility on them.

Your case will only receive just treatment from the defendant when it is clear that you will go to trial if necessary, rather than be treated unfairly. As odd as it sounds, the best way to get a fair settlement for your case is to hire a trial attorney who can and will take the case to a jury.

What items will be included in my claim?

You are entitled to recover economic losses, such as medical expenses, lost wages and property damage, as well as non-economic losses, such as pain, inconvenience, and lost enjoyment of life, in a personal injury law suit. In Workers' Compensation matters, you are entitled to be paid a portion of lost wages while you are unable to work, medical expenses, and an amount to compensate for the disability that remains after your medical treatment is over. To recover all of your losses, it is necessary to have proof of the lost wages, the amount of medical expenses, and the extent of your disability. Keeping receipts and good records are imperative to getting back what you lose in an injury.

What will you ask a jury to award?

Ultimately, the jury determines the amount of a claim that proceeds to trial. Before settling or trying a case, your lawyer must evaluate the possible outcomes of a jury trial and the range of possible verdicts. This involves many factors, including:

• Who are the people or companies in the case?
• Is the injured person at fault to any extent?
• What Court will hear the case, and what have juries in that area done on similar matters?
• What are the injuries, and what permanent disability are you forced to suffer?
• Did the defendant act in a manner that makes the average person angry?
• How strong is our evidence of damages and wrong doing?

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