In personal injury law, the term “litigation” refers to the process of taking legal action to resolve disputes over civil matters such as injuries caused by accidents or negligence. Understanding what litigation entails is crucial for anyone involved in a personal injury case.
Keep reading for a comprehensive overview of what litigation means in the context of a personal injury case and how it unfolds in Colorado. If you or a loved one were hurt in an accident that wasn’t your fault, call our Denver personal injury attorneys at (866) 823-8288.
The litigation process in personal injury cases
Litigation in personal injury cases involves several stages, from the initial filing of a lawsuit to a potential trial, and possibly an appeal. Here’s what you need to know about each phase.
Filing a lawsuit
Litigation begins when the injured party (plaintiff) files a complaint against the party allegedly at fault (defendant) in a state or federal court. This complaint will state the facts of the case, the legal basis for the claim, and the damages sought.
Next, choosing the correct jurisdiction and venue. In Colorado, personal injury cases are typically filed in the district court of the county where the injury happened or where the defendant resides.
Discovery process
After the lawsuit is filed, both sides engage in the discovery process. This is a pre-trial phase in which both parties exchange information related to the case. Discovery can include interrogatories, depositions, requests for documents, and admissions.
The aim of discovery is to gather as much information as possible to build a strong case. It allows both sides to understand the facts fully and helps prevent surprises during trial.
Motions
Before the trial, either party can file motions to influence how the trial will proceed, or even whether it should proceed at all. Common motions include motions to dismiss the case or motions for summary judgment, where one party seeks to win the case without a trial based on indisputable facts.
Settlement negotiations
Many personal injury cases are settled before they go to trial. Settlement can occur at any time once litigation has started, sometimes as early as during the discovery phase. Settlement negotiations can be informal or part of a formal mediation process.
Trial
If a settlement is not reached, the case will go to trial. During the trial, both sides present their arguments, submit evidence, and call witnesses. The trial can be before a jury or a judge in a bench trial.
At the end of the trial, the judge or jury will render a verdict, deciding whether the defendant is legally responsible for the injuries and, if so, how much they should pay in damages.
Appeal
If either party is dissatisfied with the trial outcome, they can appeal the decision to a higher court. An appeal is not a new trial but a review of the legal procedures and decisions in the original trial to ensure they were correct.
How Zara Injury Law can assist
Navigating litigation in a personal injury case requires expert legal knowledge and strategic planning. Zara Injury Law provides experienced legal representation throughout the litigation process. From filing the initial lawsuit to handling complex negotiations and, if necessary, fighting for your rights at trial, our team is equipped to manage every aspect of your case.
Hurt and it wasn’t your fault? Call us.
Litigation in a personal injury case is a complex and dynamic process that can be essential for obtaining rightful compensation for injuries. With Zara Injury Law, clients receive dedicated support and expert guidance to navigate the intricacies of Colorado’s legal system, ensuring the best possible outcome for their case. If you’re considering litigation, or if you find yourself in the midst of a legal battle regarding a personal injury, reach out to Zara Injury Law for comprehensive legal assistance.