The defendant must respond within a certain amount of time after being served by some form of official (usually a sheriff or a process server). If in the time given the defendant fails to provide a response, a default judgement will be filed and the plaintiff will automatically win. Learn more about Page & Eichenblatt, P.A.
The pre-trial period starts after a response is submitted by the defendant
This time period is intended to build up the argument of each party by gathering evidence to support both sides of the case. Discovery between the parties may be made, expert witnesses may be retained, and depositions may be required during this period.
The MethodThe complainant is expected to show that a duty has been owed, that the defendant has infringed the obligation, that the defendant’s violation has actually caused the complainant damage or injury, and that the complainant has sustained injuries as a consequence.
The jury or the judge (bench trials) is responsible for assessing the claimant’s compensation in damages based on factors such as out-of-pocket medical costs and the seriousness of the complainant’s physical, mental or psychological distress arising from his injury.WHY Should YOU Ever Consider A PERSONAL INJURY LAWYER
When trying to file a personal injury lawsuit without legal counsel, the plaintiff should bear in mind that the defendant to whom he makes the allegation would have qualified lawyers working and battling on their behalf. In 1999, the Insurance Research Council published a report that revealed that, when represented by a personal injury attorney, the average plaintiff would obtain a payout three and a half times higher than when approached without representation. If a person trying to file a lawsuit is unfamiliar with the law, or if the case takes an unexpected turn and gets out of control, he can consider hiring a personal injury lawyer who can determine any aspect of his lawsuit and battle for any justifiable financial compensation available to the victim.