6. Written Discovery and Oral Depositions

There are two types of civil discovery, written affidavit, and oral depositions. Written discovery is typically subpoenaed by your lawyer. Litigants use this process to properly examine witnesses before their oral deposition to gather their paper statements and documentary evidence. An oral deposition is taken out of court, unsupervised by a judge, in front of a public notary, or certified court reporter and stenographer. Unless the examination of a witness by your personal injury lawyer is legally verified under oath, they are no response at all. But you can use the discovered statements to dispute credibility. (See Appleton v. Superior Court). 

The discovery process can be sped up if a chance exists the testifying witness will die beforehand. Experts and parties who will testify are deposed to test their credibility and qualifications. The discovery process allows the parties and witnesses to preserve objections to tell their story for later use. Many at-fault-defendants crack under the pressure of these “fishing expeditions.” If not, the crucial information we gather is produced at binding arbitration, mediation, and even to seek monetary sanctions. After this, the insurer knows you are ready to return a verdict, which elevates the case in the eyes of the adjuster, priming it to settle. 

7. Mediation and Arbitration

Before litigating further, the court will order a mandatory settlement conference (MSC). Judicial economy militates in favor of settling at this stage. Sometimes your dispute will go before an evaluative, neutral mediator or “arbitrator.” Both are professionals who listen to each side with consistency. 

• A mediator is neutral 

They referee an objectively fair settlement. Conversely, the arbitrator adjudicates, sitting as judge and jury. A mediator uses specialized communication management techniques and negotiation methods. But the mediator must sway the parties. This “reality test” can guide the discussion towards a constructive direction and optimal solution. Sometimes arbitration is required by an insurance policy or other stipulation. This is why binding or non-binding arbitration techniques may be required first. Sometimes a jury can never decide on the matter. Assuming the form of alternative dispute resolution (ADR) used is binding, it closes the personal injury case.      

8. Winning My Trial By Jury 

The final step in the personal injury law process is a full-blown trial. The purview of jurors to decide distributive and reparative justice. Successful dispute resolution requires a positive relationship building with the court’s jury panel. Our lawyers use a cutting edge legal and philosophical justice model. 

Our astonishing trial attorneys will present your case to an unbiased jury of your peers. Jurors will ultimately deliver a square deal to litigants. This is why a jury must hear all the facts and deliberate evidence neutrally. But many leading egalitarians say righteous revenge is all a jury award conveys. However, the jury returning decides the accident’s verdict.