Personal Injury Case Process

Personal Injury Case Process 

Pensacola, Florida, Injury Trial Lawyers

Emmanuel, Sheppard & Condon
Personal Injury Attorneys

A Client Reference to Injury Litigation.

Every claim or lawsuit that we handle is unique. We have found that many of your questions concerning "what's going on" can be answered by giving you a brief explanation about how we intend to handle your case.

To discuss your specific legal concerns related to a range of personal injury areas, we encourage you to contact our experienced injury claim attorneys for a free initial consultation. We proudly service clients throughout the greater Pensacola, Florida, and Mobile, Alabama, areas.

Help Us Prepare For Trial

It is true that many cases can be settled without filing a lawsuit. Through experience we have found that, in order to get the maximum recovery, it is often necessary to file a lawsuit. It is also true that a majority of cases are settled before the lawsuit is actually concluded at a jury trial. However, it is very important for you to realize that it is critical that your case "be prepared for trial."

An insurance company will determine how much money it will offer to settle your case after considering the following:

(a) Whether or not you can prove to a jury that you should win.
(b) Whether or not you can prove to a jury that you have been damaged.
(c) Whether or not you can prove to a jury the full extent of your losses.
(d) Whether or not you and your attorneys are willing and able to submit your proof to a jury.
(e) If there is incomplete agreement concerning how the accident happened or concerning the nature or extent of your injuries, whether the jury will believe your proof or whether they will believe the insurance company's proof.

Not only is it important to be able to present your evidence to the jury, the jury must also believe the evidence which is presented. Even though under the facts you may be entitled to win and recover substantial compensation, you may not win or recover full compensation unless you have the means of proving your case to the jury.

If the insurance company believes you are going to prove your case to the jury and that you are going to prove the full extent of your losses then it will be more likely to make a reasonable settlement offer before your case goes to trial. If you keep this in mind, you will understand why you are asked to do certain things in order to assist us with your case.

Now let's look at how we handle a typical case:

The investigative stage is divided into two parts. The first stage involves investigating how the accident happened so that we can prove you have a case. The second stage involves investigating the nature and extent of your injuries so that we can prove your injuries and damages.

The extent to which we will conduct a case investigation into an accident will depend upon the time that has elapsed between the occurrence of the accident and the time we accept the case.

Some types of evidence begin to disappear shortly after the accident. For example, skid marks disappear, automobiles are repaired, and the scene of an accident can change. To the extent possible, we will take photographs showing the damage to the vehicles involved, conditions on the road, skid marks, and other items to be used as evidence.

If you have photographs or know of any photographs that can be used as evidence, you will need to provide them to your lawyers. If you know of any evidence (such as a car or skid marks, etc.) which will be repaired or which will disappear with the passage of time, you will need to notify us so that this evidence may be collected promptly and preserved.

In most cases, we will use a private investigator to interview the witnesses to the accident. If possible, we will attempt to obtain statements from the witnesses. If the witnesses have already given their statements to the opposition, we will attempt to obtain copies of those statements.

Your ES&C attorneys will need information concerning the nature and extent of your injuries. To help us, you should save all bills, receipts, and canceled checks, and be prepared to furnish them to your ES&C legal team upon request.

It is important to let your attorneys know of any change in your physical condition. For example, you should let us know when the doctor advises you that you can return to work. We need to know if the doctor refers you to any other doctor, if any new examinations or tests are performed, or if your doctor suggests surgery.

1. Do not give a written or oral statement to any person who contacts you, except as authorized by your attorneys.

2. Advise your attorneys of the name, address, and telephone number of any person who contacts you about your case or accident.

3. If you learn of any new witnesses, let your attorneys know immediately.

4. Save everything. Do not throw anything away. Keep all bills, receipts, photographs, letters, notes, insurance policies, or police reports--anything that you think might remotely help the outcome of your case. If a serious injury is involved, we will need photographs or videos showing the injured person before the accident and any certificates or awards which will help prove the physical capabilities of the injured person before the accident.

5. Keep a diary. You may think you will never forget the circumstances surrounding your accident and that you will never forget how the accident has changed your life. But as time passes, you will find that events become blurred in your memory. To prevent this, sit down now and write a detailed description of the circumstances surrounding the accident. Continue to write down every detail, no matter how little. From time to time, sit down and update your diary. Make notes daily of any physical pain or limitations you experience.

6. Begin making a list of witnesses. A jury may not believe everything that you say about the accident or your injuries. This makes other witnesses very important. They can testify about your injuries and losses.

Every time an event occurs and is witnessed by someone else, make a note of the person's name, address, and telephone number. When you realize that friends, neighbors, co-workers, and relatives become aware of the problems you are having because of this accident, add them to your list. Sooner or later your lawyers will want this information.

When you return to work, make a note of anyone who can testify about any restrictions that you are experiencing and about the amount of your lost wages.

Sometimes, we are able to tell fairly soon that suit should be filed. In other cases, it may not be beneficial to file suit right away. It may be better to let your claim mature for a period of time so that we can determine the exact extent and nature of your injuries and losses.

Many times it will be necessary to wait until the doctors are able to advise you and your legal team what they believe will be the long-range result of your accident.

During this period of time, there will be very little for you or your attorney to do. We must wait for your condition to stabilize and your doctors to reach a reasonable conclusion concerning the severity of your injuries. Do not worry about your lawsuit or your claim. Just concentrate on getting well.

When you and your doctors believe that you have reached the point where your condition will not improve any further, then your ES&C personal injury attorney will sit down with you to evaluate your case and discuss with any settlement opportunities.

In some cases, there is an opportunity to settle before filing a lawsuit. If your case is a candidate for pre-suit settlement, we will consult with you about the amount which would be fair to settle your case.

We will then submit a settlement proposal which includes a demand letter outlining the issues in your claim and a brochure with the evidence for the claims adjuster to consider.

You should keep in mind that the final decision of when and what amount to settle for is up to you. Your attorney will advise you as to what he/she believe is in your best interest, but only you can make the decision to settle your case.

If your case cannot be settled initially, your legal team will file a lawsuit on your claim. The case will be assigned to a judge and the suit papers will be served on the Defendant or Defendants.

The Defendant will then do several things:

(a) The Defendant will file an answer to your lawsuit which is a formal court paper in which the Defendant will either admit or deny your claim and in which he may raise special defenses to your claim.

(b) The Defendant will send you a large number of written questions to be answered, with the help of your legal team, which will be filed in the court file. These questions generally will ask for a vast amount of information concerning your past life, your ability to work, the circumstances of the accident, and your losses since the accident in money, pain, and suffering. We will help you with this.

(c) The Defendant will file the necessary paper that requires you to be present for your sworn testimony. This is called a deposition. When a deposition is scheduled, we will help prepare you. An attorney will also be present with you during your deposition.

(d) The Defendant may file formal papers to require you to produce copies of documents and evidence which may be in your possession. You should expect to produce your income tax returns for at least the last four or five years and copies of your medical bills and records. This is just normal procedure. They may also require you to produce any photographs you have in your possession which have any bearing on the accident, your losses or damages. Your attorneys will contact you concerning these formal pleadings when and if they are received.

Your attorneys will also take the sworn testimony of the Defendant(s) and the witness(es).

In almost every case that involves a claim for injuries, the defendant will require you to submit to an examination by a doctor of the defendant's choice to determine the extent and nature of your injuries. Whenever this procedure has been scheduled, you will be contacted and provided with information concerning how this examination is to be conducted and what you should expect.

The defendant will usually schedule the testimony of witnesses and your doctors. In order to protect your rights, one of our attorneys will be present at the depositions.

We will also want to take depositions of the witnesses, medical providers, and the Defendant's expert witnesses.

We will not keep you advised of this discovery process by both parties since there is really nothing that you can do to assist your case during this period. If we believe that you can be of assistance to us, we will contact you. Your attorneys will be doing everything necessary to prepare your case for trial.

If you are curious as to what is going on, do not hesitate to call and schedule an appointment to come in and discuss your case.

Since going to trial is very expensive and it usually takes a long time to get a case to trial, we often recommend Mediation as a way to resolve some cases. If both sides are willing to participate, we can usually schedule mediation before filing suit or after the initial stages of litigation.

Mediation is an informal process where both sides, along with their lawyers, present their cases to a Certified Mediator (a neutral attorney), who assists in resolving the claim. Mediation is often a successful method for encouraging insurance companies and Defendants to settle. There is very little or no risk to mediation because you make the decision whether you wish to settle or go to trial. (Due to the apparent success of mediation as a settlement tool, many of our local judges require all cases attempt to settle through mediation before they can go to trial.)

There is generally a period of time that you must wait before your case can go to trial. In some cases, this can be a considerable amount of time, even as long as a year or two. This is largely due to overcrowding of the court's docket and to the formal investigative process which the attorneys must undergo to properly present your case.

Do not get worried if you do not hear from your attorneys for some period of time. They will call you if something important happens. We will bring your case to trial as rapidly as possible.

A pretrial conference is held between the attorneys and the judge, at which time the attorneys are expected to discuss the issues of the case.

This is typically when the defense will have to provide the names and addresses of all witnesses who might be called at trial, and identify any documents or photographs the defense might use at trial. (We may contact you to provide us with any documents or photographs which you might have in your possession.)

This is also where your diary is helpful. It contains important information for your attorneys.

When you receive notification of your pretrial conference, we will tell you what information we need from you. You should send this information immediately or, if you prefer, make an appointment to drop it off.

The exact method of trial preparation depends so much on the specific nature of your case that we cannot provide you with the details here.

We will make appointments with you to review your case and to help prepare you to give your testimony. We will also make appointments with the other witnesses that will be called at trial.

We may request that you return to your doctors for a follow-up examination before the trial; and if you do, you will be given instructions concerning when and where to attend the examination.

Most importantly, you should advise your attorneys of anything that might prevent one of your witnesses from attending trial.

The trial may last one day or as much as two weeks. We may be able to give you an estimate before the trial, but you should be aware that you and your immediate family will be required to be present during the entire trial (if not in the courtroom, at least in our office).

Before the trial begins, we must select the jury that will decide your case. Jury selection customarily takes place on Monday mornings before any of the cases that are set for the week are tried.

Once your trial begins, your attorneys will present your case by calling the witnesses and introducing the evidence which your attorneys believe will win your case. Once we have concluded our presentation of the evidence, the defense attorneys will then have an opportunity to present their witnesses and evidence they believe will defeat your case or will show that the amount of compensation that you will receive should be reduced. Your attorneys will then be provided with the opportunity to present evidence to rebut the Defendant's case.

After all of the witnesses have testified and the evidence has been presented, your lawyers will argue to the jury that you should be fully compensated. The defense lawyers will then have an opportunity to argue their case, and your lawyers will have a brief opportunity to rebut the defense arguments.

After all of the arguments have been heard, the Court will instruct the jury on the law which governs your case, and the jury will retire to consider all the evidence and apply the law. Once the jury has reached a decision, the verdict will be announced. In most cases, the jury will have to decide whether you are entitled to win; and, if so, how much money you are entitled to recover as full compensation.

Your lawyers will also continually re-evaluate your case and advise you about settlement opportunities and any offers that are made to settle your case.

At any time, the other side may present us with an offer to settle your case. We will advise you of any offers to settle your case and try to advise you as to whether the settlement should be accepted or rejected. Your case can be settled at any time from the day you first come into our office until the moment before the jury returns from deliberation. We will work closely with you concerning settlement proposals, but the final decision will still be up to you.

From reading newspapers, watching television or viewing movies, you may believe that if you, or the Defendant, are not satisfied with the result of the jury's verdict, all you have to do is "appeal." It is not that simple. In almost all cases, the jury's decision is conclusive and cannot be reversed by filing an appeal.

The appellate court in almost all cases is limited to deciding whether the judge did anything wrong at trial; and, if so, whether what he did wrong materially prejudiced the case. For example, if the judge ruled certain testimony inadmissible which should have been presented to the jury, or if testimony was objected to and should not have been presented to the jury, then the appellate court will consider whether that prejudiced the case. If the instructions which the judge gives the jury at the conclusion of the trial were wrong, the appellate court will consider this factor.

If the judge did not make any mistakes in the trial of the case, then the jury's decision is binding. If the jury believed the wrong witnesses or chose not to believe other witnesses, an appellate court cannot reverse the case. If the jury gave less money or more money than one of the parties believed was proper, then the appellate court cannot for that reason alone reverse the case. As you can see, since the jury's decision is often the final decision, it is very important to convince the jury you should win and that you should be compensated for your injuries.

This information is a quick summary of what you can expect during your case. Some of the above information may not apply in your case, or it may involve some procedures that we have not described.

We want you to feel confident that we are doing everything possible to be certain not only that you win, but also that you receive the maximum compensation allowable under the law. At any time you have questions concerning what is happening or why certain events are taking place, please do not hesitate to call us.

For more written information regarding the qualifications and experience of attorneys at Emmanuel, Sheppard & Condon, P.A., please visit our attorney profiles page.

Contact the Pensacola personal injury claim lawyers at Emmanuel, Sheppard and Condon for a free initial consultation.