In several instances, personal injury claims are settled before they reach the court. But if the negotiations fail, the plaintiff's (the injured person who is making the claim) lawyer takes the necessary steps to file a civil lawsuit. The first question is to decide on the jurisdiction. In simple language this means the court to which the complaint or petition is to be submitted. This can be rather complicated. Primarily, the state court where the incident leading to the injury took place has the jurisdiction. If the plaintiff lives in Los Angeles and the other party lives in another state, the complaint has to be submitted before the U.S. District Court in Los Angeles. If the demand is for a small amount, it should go to the appropriate small claims court. The petition should briefly state the facts of the case. Then, documents have to be produced and depositions made. After that comes the trial. First of all, a jury has to be selected. In claims involving large amounts, this process could be a heated one. Once the jury is settled, the witnesses are examined, followed by cross- examination. There could be two types of witnesses in personal injury lawsuits. One is a direct witness, that is, a person who actually saw the incident that led to the injury. The other is an expert witness. Then there are arguments and counter-arguments. Directions to the jury by the presiding judge follow this. After that, the jury contemplates all aspects of the case and, more often than not, arrives at a verdict. A claim for damages in a personal injury case can originate on three grounds: negligence, strict liability (which also covers defective products), and intentional action. To win a personal injury lawsuit it has to be proved that one of these grounds existed, and caused the plaintiff's injury. As is the case with all lawsuits, the plaintiff's total support to his attorney is essential for the successful outcome of the litigation. |
