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After a lawsuit is filed and the other party’s insurance company responds, the discovery process allows both sides to discover information about the other party. Through your attorney, you’ll send a list of questions and requested documents to the insurance company and the insurance company will do the same.
Your attorney will help you answer those questions and gather the needed documents. You may also need to sign authorization forms that allow the insurance company to request your medical records, tax records, employment records, and cell phone records.
A deposition is where you give a sworn statement as to what happened during the accident from your point of view. This allows the insurance company to hear directly from you and get your side of the story. They may also take depositions or sworn statements from one or more of your doctors, while your attorney may take a deposition from the at-fault driver.
The deposition usually takes place in a conference room at your attorney’s office. You, your attorney, and the attorney from the insurance company will all be present. A court reporter will also be present to transcribe the deposition.
Your lawyer will help you get ready for deposition. We’ll answer any questions you have about the deposition process, role play to ensure you understand what questions will be asked, and help you prepare at length to respond clearly, calmly, and truthfully.
Mediation, at its core, is a form of voluntary conflict resolution. Mediation begins with all parties in the same room. Each side gives an opening statement to the mediator, who hears both sides and tries to bring about a resolution. After these opening remarks, parties are separated into two different rooms.
The mediator talks to each side, hearing the positive and negative aspects of their case, and hears what each side is willing to give or accept as a settlement offer. These numbers are brought back and forth between rooms until, hopefully, you and the other party can reach an agreement.
As there is quite a lot of downtime as offers are considered and discussed, we suggest wearing comfortable clothing, bringing snacks, and bringing something to read or watch as the process progresses.
A settlement conference is similar to mediation, except that all parties remain in the same room throughout, and a judge, rather than a mediator, presides over the negotiations and seeks an agreement. A settlement conference can be either voluntary or court-ordered.
The two biggest risks of going to trial are the uncertainty of the outcome and the expenses involved. The moment you file a lawsuit, you begin incurring costs, from filing fees to serving the at-fault party. Every document filed and expert testimony secured requires fees, and these fees can add up quickly.
Secondly, there is no guarantee that a judge or jury will rule in your favor. No matter how strong you may feel your case is, there is always a chance that a judge or jury may see it differently and hand down a ruling worth far less than you were hoping for.
Additionally, going to trial can be an incredibly lengthy experience. It can take months, if not years, before your case is heard by a judge or jury, and appealing a ruling that you don’t agree with will take additional time.
Settling out of court, however, is a much faster and more predictable process. Negotiations allow you to maintain far more control over what is offered and what you accept in terms of settlements. A settlement allows you to walk away with a set, agreed-upon amount for your damages and move on in months instead of years.
Deciding whether or not to go to trial is something to discuss with your personal injury attorney at length. While some cases may require a judge or jury to hand down a decision, many can be settled out of court for lower legal fees and more predictable outcomes.
The Gennusa Firm spends a great deal of time carefully preparing clients for depositions. We’ll talk with you at length about every aspect of your case and make sure that you understand that this is your chance to tell your side of the story. A deposition is not a memory test; it’s an opportunity for you to tell the truth and be heard.
We’ll go over who will be present and even where everyone will be sitting so that you’ll be comfortable and well-prepared. We’ll ask you questions as though we were the opposing side’s attorneys and make sure you have the peace of mind and confidence to answer questions at deposition as well as in court.
For more information on What To Expect During A Car Accident Lawsuit In Louisiana, a FREE initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.
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