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Q: What happens if settlement negotiations fail and the case proceeds to trial?

A: If negotiations are unsuccessful, your attorney will file a lawsuit on your behalf. Depending on how busy the court systems are, it can take up to one year to receive an actual trial. Because of the costs involved with litigation, few cases ever proceed this far. In the event that a trial is necessary, depositions will be taken and you will be required to give a recorded statement under oath. Your attorney, and the attorney of the defendant, will be present during this time. A deposition is a stressful process because the defendant’s attorney will be looking to poke holes in your account of the accident and will also be trying to find any previous injuries that may have not actually been caused by the accident. At trial, physicians, witnesses and other experts may be called to testify. In addition, you will likely be asked to testify as well. After both sides have presented their case, a jury will deliberate on the final outcome and award damages as they see fit.

 

 

 

 

DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.