Friday, February 22, 2013

Injury Law: How Cases End

For most people, a court case ends with the jury foreman reading the verdict to the court. In truth, though, personal injury cases can end in a number of ways. Indeed, it is more common for a case to end before reaching this point than for a case to make it all the way to the verdict.

In some instances, a case can be completed before it's even been filed. When you hire an attorney to represent you, they will most likely begin by sending a letter to the defendant informing them of your intent to sue and asking for a certain amount in damages. That person can decide to avoid a trial by paying you the amount you're owed up front. When the person who injured you agrees to this, there is no reason to have a trial and the whole case is considered complete and in your favor. For more ideas about personal injury attorney Ned, check out the link.

Sometimes, a case will end in favor of the defense before it gets started. If the case cannot be settled with this initial communication, your lawyer will file a complaint with the court. After your lawyer files paperwork to begin the official complaint with the court, the defense will likely ask that the case be dismissed for insufficient grounds. In some cases, the judge hearing the case will agree that the case is baseless and will throw it out. When this happens, the case ends and you do not receive any compensation.

While the court case is progressing, either the defense or the prosecution can approach the other with a settlement offer. The defendant may ask you to stop the case in exchange for a certain amount in damages. Likewise, your side can offer to end the case before trial if the defense agrees to your settlement offer request. When a settlement is reached, the defense agrees to pay the plaintiff and the case ends.

Once a case has ended, no matter how it ended, the matter is considered settled and you cannot try to get more damages from the defense for the same injury. This is true whether the defendant agreed to pay you a settlement, whether the case was thrown out, or whether you accepted a settlement offer from the defense. Any money in damages that you've received once the case is considered complete will be all that you will be able to seek. If you didn't receive any money, you will not be able to ask for any in the future. Because of this, it is very important that you enter into a personal injury case with the best attorney at your side. After all, if you don't hire the right attorney, you may lose your chance to receive any money at all. Hiring the right attorney can also mean a larger verdict or settlement amount. Read more details about the best personal injury lawyers, click here.
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