Resolution of a Case

The vast majority of personal injury cases are resolved through a negotiated settlement. Though many personal injury claims are resolved without filing a lawsuit (subject to the statute of limitations filing requirement), it may still be necessary to file a lawsuit, to protect a client’s interest or claim (as, for example, when the party at fault refuses to negotiate or denies liability). If a lawsuit is filed, the injured party is referred to as the plaintiff and the other party the defendant. Depending on the amount of damages or money sought, the case may be subject to mandatory arbitration. The arbitrators are attorneys appointed by the court to hear the evidence and issue a ruling. Either party may appeal that ruling to the trial court, meaning that the case then proceeds through the trial level.

If arbitration does not successfully resolve the case, the parties may mediate with a neutral third party to try to reach an agreement. Mediation is not typically mandatory in most personal injury cases, but can be very helpful to resolving the case. The parties will jointly hire a mediator to try to reach a negotiated resolution. If the parties are unable to reach an agreement, they are entitled to have a trial on the case. Trials may be with a jury or by the judge alone (called a bench trial). Either the plaintiff or the defendant may require that a jury decide the case.

Personal injury cases seek financial compensation for the injured party’s medical bills, lost wages, personal property damage and pain and suffering. Personal injury cases can never reverse the injury or make it so it did not happen. Such cases will also never end with one person going to jail simply because of the personal injury. The only thing a personal injury case can do is to provide the injured person with money. Because of this, it is very important to document your injuries, medical bills and wage loss.
At Eden Law Office, P.L.L.C., your personal injury case will never be handled or monitored by a less experienced attorney or paralegal. Each case will receive personal attorney attention it deserves from beginning to end.


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