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Local Colorado Springs personal injury attorney explains injury lawsuits

Nov 5, 2018

We get many calls from people searching for information on personal injury lawsuits. Most Colorado Springs residents have no idea how an injury lawsuit works?

If your Colorado Springs personal injury lawsuit worked like the court cases do on TV, you would go from accident to trial to receiving a check for damages in about an hour (53 minutes without commercials).

But as an experienced accident injury lawyer in Colorado Springs, I can tell you that personal injury lawsuits are not as seen on TV.

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a case in which an injured person sues one or more defendants to recover compensation for injuries, financial losses, and other damages that they allegedly caused due to their negligence or reckless conduct.

A Lengthy Process

Even a case that may seem like a “slam dunk” (and there is no such thing as a “slam dunk” personal injury lawsuit) can go on for a long time with an outcome that is far from certain. The process can understandably be frustrating for someone injured by another person’s negligence, as they wait to get the resources and compensation they need and deserve to recover from their injuries and make them whole after their losses.

If you’ve been injured in a car accident or other incident and are thinking about reaching out to an injury lawyer in Colorado Springs and filing a personal injury lawsuit, it is important to understand how the process works.

Stages of a Personal Injury Lawsuit

Personal injury lawsuits generally proceed through the following stages:

Hiring an attorney/initial investigation

Choosing a good personal injury attorney is perhaps the most important decision you can make after you’ve been injured. Your attorney will answer your questions and advise you of your options and prospects; gather all the facts, secure evidence and statements from witnesses; assist you with obtaining necessary medical care, and take other steps to investigate your claim and position it in the best possible way if he or she determines that a lawsuit is advisable.

Filing the personal injury lawsuit

The lawsuit itself begins with the drafting and filing of a complaint with the court clerk, which is then served on the defendant. In the case of most automobile accidents, the defendant’s auto insurance company will take over the case and hire attorneys on the defendant’s behalf.

Discovery

This is perhaps the longest phase of a personal injury lawsuit case. “Discovery” is the term used for the process of exchanging information between the parties and learning all there is to know about the accident and injuries involved. Discovery is how attorneys gather the evidence they need to put on or defend the case.

The attorneys for the plaintiff and defendant exchange and answer written questions (“interrogatories”) and requests for documents, and take the depositions of the parties and any witnesses, treating physicians, and expert witnesses. Sometimes, the parties will get into disputes about whether questions or requests were proper or whether a party has fully disclosed everything they were required to. Such disputes need to be resolved by the judge if the attorneys can’t work it out themselves.

Pre-Trial Motions

If, after discovery one side believes that the evidence requires a verdict in their favor as a matter of law, they may ask the judge to enter summary judgment in their favor. If a judge enters summary judgment in favor of the defendant, that can effectively end the lawsuit, other than an appeal.

Settlement Discussions

The vast majority of personal injury lawsuits – over 90% – are resolved through a settlement rather than trial. The parties can engage in settlement negotiations at any time before a suit is filed, while it is pending, and even after a trial has started. Settlements are often reached after discovery when parties have a complete picture of the evidence that can be presented at trial.

Trial

If the parties fail to reach a settlement and the judge has not otherwise resolved the case, a trial will be held. The trial can before a judge and jury or just a judge, and proceeds as you likely can picture – the attorneys make opening statements, call witnesses and present evidence, make objections and argue about various points of law or rules of evidence, and deliver closing arguments.

At the conclusion of the trial, a judgment will be entered. If the judgment is in favor of the plaintiff, it will be for a specific sum of money to be awarded as damages.

Post-Trial/Appeal

A judgment is simply a piece of paper. Collecting on the judgment is a different matter. A losing defendant may file post-trial motions challenging the judgment or file an appeal seeking to have the judgment reversed or modified. These moves can further delay receipt of the funds awarded in the judgment (which is one of the reasons so many cases settle).

Receipt of Money

If a settlement provides for compensation or an award of damages is made after a trial, the defendant or their insurance company will issue a check in the designated amount. From that amount, payments will be made for all costs incurred in the case as well as for any outstanding amounts due to treating physicians and other medical providers. Your personal injury lawyer will receive the percentage of proceeds set forth in your retainer agreement, and will then issue a check to you for the net amount remaining.

Free Consultation with a Colorado Springs Personal Injury Attorney

If this sounds like a long and involved process, it is. But that is why you hire an experienced personal injury lawyer in Colorado Springs to handle all of this for you. It is your attorney’s job to fight for you at every step of the process and take care of everything for you so you can focus on recovering from your injuries.

One of the best ways to learn how your personal injury lawsuit might work is to request free consultations from a few of the top rated Colorado Springs personal injury law firm.  We love speaking with local residents about their personal injury cases.

Give us a call at (719) 505-9999 now to schedule your free consultation today.