Ideally, recovering compensation in a personal injury matter would require little more than a straightforward discussion of fault and damages sustained, followed by brief negotiations and a fair settlement agreement. However, the reality is that not every case can be resolved in such an amicable manner, with it soon becoming apparent that litigation will, in fact, be necessary. No matter how strong a plaintiff believes his or her case to be, it is virtually inevitable that the process of taking it to court will be a difficult, time-consuming and perhaps emotionally wrenching experience. As such, it makes good sense for prospective plaintiffs in personal injury matters to gain a strong familiarity with what they should expect as their matter progresses through the system so that they may be fully prepared for what is to come.
Possibility of Protracted Litigation
It is an unfortunate fact of life that the wheels of justice generally do move rather slowly, regardless of the merit of a particular claim. Though fairly minor matters often achieve fairly prompt resolution, complex cases involving high dollar amounts can sometimes take years to reach their final conclusion. The frustration that ensues for victims who simply want the compensation they deserve is very real, but it is also essentially unavoidable. Attorneys have little power to prod the process along any quicker, and it is wise for plaintiffs to accept this fact and be willing to exercise patience.
Intrusive Nature of Personal Injury Lawsuits
Making the decision to file suit in a personal injury matter necessarily means that a certain degree of privacy will be forfeited. The opposing party's attorney will be given wide discretion in terms of how far they may delve into the plaintiff's past. This latitude extends to medical records, employment history, financial background and the like. Deposition questioning can be extremely awkward and uncomfortable, as can testimony at trial. The key is to maintain composure in the face of these intrusions and keep the larger goal of obtaining full and fair compensation at the forefront.
It is also not uncommon for insurance companies from the opposing side to engage the services of private investigators to follow a plaintiff's movements and catch them doing things inconsistent with their claimed injuries. They may even take video of activities they believe contradict the arguments being made in the lawsuit. Though these practices tend to occur more often in cases with large dollar values, every personal injury plaintiff should be prepared for almost anything in this regard.
Following the Twists and Turns of Litigation
Personal injury cases and civil matters of all types can be confounding, byzantine processes involving seemingly endless rounds of motions, discovery requests, hearings, adjournments and the like. It may sometimes seem to plaintiffs as though their case is going in circles, never getting any closer to resolution. For this reason, plaintiffs should be ready and willing to ask questions of their attorney and seek clarification whenever things become murky. Understanding the timeline and the distinct stages of litigation is the best way for victims to monitor what is happening and make informed choices about the direction of their representation.
Open Communication Paired with Aggressive Advocacy
Attorney Jeremy Rosenthal understands the unique stresses and strains faced by victims of personal injury accidents. The financial pressure, physical pain and emotional upheaval that such events produce can make the prospect of litigation seem utterly insurmountable. By offering guidance and insights every step of the way, he and his support staff can demystify the process of pursuing compensation and help get clients on the road to real recovery. For a no-cost consultation to discuss the facts of your case, call 303.825.2223.