If you’ve been injured and are in need of a personal injury attorney you need one with trial experience. Most injury cases don’t end up in a personal injury trial but rather settle out of court. With this said, it is the prospect of a trial that forces the insurance company to settle. Insurance companies spend their time researching personal injury attorneys and their willingness to put on a personal injury trial. If after looking at the personal injury lawyer’s background they determine that this injury attorney is a settler, then the incentive to offer a fair settlement is diminished. At Kania Law Office’s Claremore attorneys we have a proven history that maximizes the settlement offers to our clients. Our attorneys are trial attorneys and know how to prepare your personal injury case in a way that if we can’t settle we are ready to try the case.

Discovery and its Relation to a Personal Injury Trial:

Discovery is known as the preliminary research and investigatory process of adversaries of a personal injury trial. Initially, discovery begins as solely an attorney driven and managed process. However, as factual issues develop parties may file a motion to compel or a motion to protect information from becoming discoverable.  Thereby, it becomes more of a judge driven and managed process. Discovery in a personal injury trial allows parties to the personal injury lawsuit to amend their pleadings to conform to their understanding of the Injury lawsuit post investigation and research.  The overall purposes of discovery are to encourage a speedy resolution of the personal injury issues, judicial economy, judicial efficiency, preserve evidence that would otherwise be lost, narrow down the legal issue, and give further notice to the parties of the pending allegations and legal issues.

Discovery further promotes a speedy resolution of the issues.  It provides tools in which the personal injury attorneys may utilize to narrow down the true issues for trial. These tools are in rules twenty six through thirty seven of Civil Procedure.  They apply in a broad and liberal manner to adhere to the overall purposes of discovery.

Typically, at the outset of litigation, an attorney will draft a discovery plan for the specific suit in question. The attorney must ask what information he or she will likely need, what the overall theory of the suit will be, who the source of such information, and how he or she will get such information that is in the best interests of his or her clients and in the best interests of justice. Further, the tools outlined in civil procedure will provide ways in which the attorney can go about receiving such documents.  It also provides for privileges that will prevent the adversaries from receiving non-discoverable documents.

Forms of Discovery in a Personal Injury Trial:

Depositions, also known as the taking of oral testimony under oath, are one of the most effective forms of discovery. However, depositions may end up being inconvenient and expensive depending on the situation. Depositions are subject to Rule 38 of the Rules of Civil Procedure. Essentially, the attorney will ask questions to the opposing parties or witnesses under oath.  If an objection occurs, it will be on the record. Depositions require the presence of a court reporter and have a limit of seven hours a day unless expressed otherwise by the court.

Interrogatories are questions regarding the injury sent to the opposing parties.  An example of a question we might ask in a car accident case is where you talking on your cell phone at the time the accident occurred? Interrogatories are most effective for determining basic information and can be one of the most inexpensive tools. The court has limited the interrogatories to a twenty five question limit.  Further it requires answers to the questions within thirty days. Further, interrogatories may not go to non-parties to a suit. If there is an objection to an interrogatory, there must be a specific reason for the objection as outlined in rule 38. Overall, interrogatories are a great discovery tool.  They can help eliminate work at the outset of litigation and narrow down the legal issues.

Personal Injury and a Motion for Summary Judgment:

A motion for summary judgment may be filed after the discovery process.  This is a way for the courts to dispose of factually deficient cases. Essentially, under a motion for summary judgment the movant must prove that there is no genuine issue of material fact.  Therefore he or she should win the motion for summary judgment as a matter of law. Typically, the movant will be the defendant but not always. Once satisfying the initial burden of production, the non-movant will carry the burden of persuasion. This is to identify specific facts that show a reasonable juror could find a genuine issue of material fact.  Furthermore, the standard of proof at trial will be the standard that no genuine issue of material fact exists.

Also, the party who does not have the burden of proof at trial may move for summary judgment without producing affirmative evidence.  They can point to the devoid of evidence from the non-moving party to support a specific element. When this occurs, the burden shifts to the non-movant to respond by producing evidence. Similar to discovery, a motion for summary judgment is ripe with public policy considerations. A motion for summary judgment encourages disposing of factually deficient cases, adhering to judicial economy and efficiency, and encourages a quick resolution of the issues before the court. Furthermore, if the non-movant survives the motion for summary judgment it is likely that the parties will again attempt to negotiate a deal or settlement prior to avoid the costs and burden of trial.

An example of a motion for summary judgement, using the same car accident as above may be something like this. The driver whose car ran into you admits in his discovery that he was not only distracted on his cell phone but that he also ran a red light. The argument might be that this same driver admitted to running the red light while on his phone.  Thus, by doing so admits to causing the accident. At this point the judge in your personal injury trial may grant the summary judgement.  This is because no issues of material fact need resolution.

Contact a Personal Injury Trial Attorney in Claremore:

If you need a personal injury attorney put our attorneys in your corner. We possess the skill and experience need to resolve your case and get you the money you deserve. We offer a Free Consultation and do not charge a fee unless we recover money for you.