Personal injury cases can move from the more straightforward ones that are completed in a short time to the more complex ones that take a while. There are no two similar personal injury cases, as every case is handled on its own merit. However, regardless of the nature of your case, one key aspect to focus on is the pre-trial process.
“How well you are able to navigate the pre-trial process of a personal injury claim can impact the outcome,” says attorney Amy Gaiennie of Amy G Injury Firm. If you are a victim of any personal injury in Colorado and confused about what to do, this article will provide some insights to help you with the pre-trial phase.
The Discovery Phase and Its Impact on a Case
When there is a trial, an important phase is the discovery phase, as it sets the tone of how a case will proceed. As the name implies, it is at this stage that both parties conduct their research based on personal injury cases. Here, pieces of evidence are gathered, witnesses are identified, and the laws are examined. All of these discoveries are essential to building a solid claim or helpful in deciding whether there is a need to settle. The end of the discovery phase always signifies the beginning of the pre-trial process. At this stage, motions drafted by both parties are presented at a pre-trial conference where the judges are present. Here, the case is carefully analyzed, and in some instances, there might be a recommendation for settlement. Where settlement will not be possible, the case then goes to trial.
What You Should Do During the Pre-Trial Process
With an understanding of how important the pre-trial phase is and how it sets the tone of the trial, it is crucial to know what to do. Whether you have decided to work alone or want to enlist the services of a personal injury attorney, the following sections are some things to focus on during pre-trial.
Pay Attention to the Discovery and Interrogation Phase
At the point of discovery and interrogation, both parties present information and pieces of evidence that they have gathered. While this may not always give you a true picture of what to expect in court, it definitely helps you in preparing. From the discovery phase, you can learn how to use the evidence that you have to your advantage in court. Two things you need to do during the discovery and interrogation phase are to be truthful and smart. You have to be truthful because the answers provided are done under oath, and you do not want to perjure yourself. You have to be smart because the other party is also trying to get information in the process to build their case.
Prepare for Depositions
In interrogations, you provide written answers to written questions, while depositions require you to speak. Every answer, your demeanor, and your overall response are essential in a deposition. A great way to stay on top of it will be to prepare for it. You may want to speak to an attorney who knows how depositions work before you get involved in one.
Ensure Your Pre-Trial Motions Are Detailed
After discovery, interrogations, and depositions have been completed, both parties will be required to file their pre-trial motions. The motions can be a request for the court to provide rulings on the evidence provided to resolve specific issues. You have to ensure that your pre-trial motions are airtight, leaving no room for the other party to exploit it. A personal injury attorney can be instrumental in drafting a detailed pre-trial motion and also ensure your interests are protected in a pre-trial conference.
Conclusion
In Colorado, it is essential that you pay as much attention to the pre-trial process of your personal injury case as you do to the case itself. This is because when you get the pre-trial process right, you increase your chances of having a good trial needed to get the compensation that you desire.