If you choose to pursue a claim, you will become the plaintiff and the opposing party will become the defendant in the case. Both your legal representative and the defendant’s legal representative will begin the “discovery” process. This process involves gathering facts and evidence and exchanging documents in order to prepare the case. You may be required to provide written questions or take part in a deposition where you will give your statement in person under oath.
After discovery, your legal representative will likely negotiate with the opposing party in order to reach a settlement. Most often, personal injury cases settle before ever going to trial. However, there is a chance that the opposing party will refuse to settle or will only offer a very low settlement. If this is the case, you and your legal representative may decide to take the case to trial.
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