Will My Assault Case Go To Trial? If it Does What Can I Expect?
If you are taking part in a personal injury assault and battery case, it is not always going to make it to the point of a trial. Whether you are the accuser or the defendant, a personal injury lawyer will go over the specifics of your case with you to give you a better idea of whether or not a trial is in your future.
What Happens Before a Potential Trial
When you consult with a lawyer, he or she will ask you a wide range of questions about your case. They will also ask you questions about your medical history, including asking for contact information for your doctor to obtain your medical records. This is all in your best interest, as it helps better prepare your personal injury lawyer for whatever your legal opponent may throw at you.
It is certainly possible that your case will be settled before a trial, and you will never see the courtroom. But your personal injury lawyer wants to prepare for the possibility of a trial. If it happens that your case goes to trial, armed with the information that you provide him or her, your attorney will be in a strong position to represent you the best that they can.
Assault and battery claims must be brought about within a specified period of time. This time period varies by state, but is often up to around three years. Don't let this lull you into a state of complacency. If you have been assaulted, contact a personal injury lawyer as soon as you can. This will help you avoid any possible rushing and subsequent negligence trying to meet deadlines.
Once your personal injury lawyer has the information that they need, the legal process moves on to two other stages:
After the defendant is made aware that they are being sued, the “discovery stage” begins. This is when the lawyers on both sides will begin requesting documents from the other side. Be patient. In a worst case scenario, this stage could years. Not likely, but be prepared for it.
You will get a good idea as to whether a trial is in your future when the settlement negotiations commence. If the defendant accepts responsibility for his or her actions, it’s just a matter of bother personal injury lawyers to agree upon the details of a settlement. But if the defendant sticks to a stance of innocence, your next step is a trial.
What to Expect from a Trial
Most reasonable people would rather avoid a trial. Even if you are adamant about justice being served, a trial can be a long and exhausting process. Plus, you need to be prepared for things to get nasty and even personal. The opposing legal team will investigate your background and attempt to embarrass you with private information on the witness stand.
Once the trial is finished, a judgment will be handed down by the court. If you have won, it is still possible that you are not finished, believe it or not. The defendant may not follow through on their legal obligations. If so, you and your personal injury lawyer will have to take further steps to enforce the judgment.