Personal Injury Lawsuit
If a case cannot be settled, usually because the parties do not agree on the cause of the accident and/or the dollar value of the damages, a lawsuit may be filed by and through your Kentucky personal injury attorney. Once this occurs, the process often becomes very antagonistic and time-consuming. The resolution of a lawsuit progresses through a number of stages.
The Personal Injury Lawsuit “Discovery Process”
In this stage your Louisville personal injury attorneys will try to find out as much as they can about the accident, the victims, and their claimed injuries. Witnesses and accident experts are integral components of the case at this stage. During the discovery process, the medical, psychological, and economic history of the victims are thoroughly reviewed. This can be an uncomfortable and disheartening aspect of your own recovery. Information about each aspect of the discovery process should be explained in great detail by your Louisville personal injury attorney.
Throughout this pretrial phase of the lawsuit, the personal injury lawyers from both sides, based on their experience and the details of the case, will try to negotiate a settlement. Over 95% of all cases settle before trial.
The Personal Injury Arbitration and Settlement Conference
Many insurance policies and court systems require that the case go before an impartial arbitrator before going to trial. In other situations, Louisville personal lawyers for both parties meet with the judge assigned to the case for an informal, pre-trial settlement conference. Again, many cases settle during arbitration or as a result of these pre-trial conferences.
The Personal Injury Trial
If the parties cannot come to some agreement. The court (a judge and/or a jury) then decides who and how much if any is to be paid. Louisville personal injury attorneys report that only about 1% of accident related personal injury lawsuits actually go to trial.
The Personal Injury Appeal
If you are dissatisfied with the outcome of the trial, you may appeal the judgment to the next level of the court system. The appeals court reviews the written record of the case through trial. The appeals court can adjust the monetary damage award, order a new trial, or let the decision stand as it is. This whole process can take many years to complete.
Kentucky Personal Injury Attorney
The current system available to facilitate your recovery is imperfect at best. Typically, working within the system feels like running through a frustrating maze of bewildering twists and turns. Because of the inexplicable blind curves and innumerable dead ends, the trauma of an automobile accident sometimes turns into a reoccurring nightmare. The hiring of a reputable Kentucky personal injury attorney is the best way to avoid the negative aspects of injury litigation in Louisville Kentucky.