When meeting with an attorney your first time after any accident or injury, your attorney will first want to hear about what happened, and then may collect a variety of information from you. Depending on the circumstances that led to your injuries, the length of the initial interview session can vary. In typically straightforward cases like auto accidents, the first meeting probably won't take very long. In more complex cases, like an injury from a defective product, the initial interview will usually take longer. It is imperative that you be honest and open with your attorney about the facts and documents that may come out. An attorney can’t do their best job if you don't disclose the information truthfully.
Your attorney will collect a variety of information relating to your accident or injury, including facts about your medical treatment, others involved in the accident, potential witnesses, and more. Your attorney will likely also discuss practical aspects of your case such as a representation agreement, different types of legal fees, and the kinds of costs you can expect in your case.
The majority of legal claims arising from accidents or injuries do not reach a civil court trial. Most are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through settlement, the plaintiff in a personal injury case agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for the payment of an agreed-upon sum of money from the defendant or an insurance company.
In a personal injury trial, a judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the injuries and harm alleged by the plaintiff. A trial is the plaintiff's opportunity to argue his or her case, in the hope of obtaining a judgment against the defendant. A trial also represents the defendant's chance to refute the plaintiff's case, and to offer his or her own evidence related to the dispute at issue. After both sides have presented their arguments, the judge or jury considers whether to find the defendant liable for the plaintiff's claimed injuries. If won by the plaintiff, a settlement is awarded for an amount of money in damages a defendant must pay.
Law Offices of Attorney Michael Anthony Emma
Not Certified By The Texas Board of Legal Specialization
Main Office Dallas, Texas
