When you or a loved one have been injured, you have every right to pursue compensation for your injuries—the compensation you need to pay your medical bills, pay to fix damages to your car or other property, and support yourself while you recover. When you don’t have to worry about making ends meet, you can focus on getting better.

Understandably, however, bringing a personal injury claim, or lawsuit, can seem daunting. Most people, if they are lucky, haven’t had to file a lawsuit before and aren’t familiar with the process. That’s why we’ve compiled helpful information about lawsuits below. If you have questions or concerns about what you can expect from the personal injury lawsuit process, contact us.

What Is a Deposition?

In a personal injury lawsuit, a deposition is used to gather information from you and any witnesses related to your case. Because trials can occur months after the injury occurred, it becomes important that you give your side of the story while your memory is still fresh.

A deposition takes place out of the courtroom before a trial. Your attorney and the attorney for the defendant (the party responsible for your injuries) will be present. During a deposition, you will be sworn in under oath. Then, you are asked questions about your case by each attorney. Your answers are recorded, and they may be used later at trial. The information gained during the deposition is also used by your attorney to prepare your case in the event that it goes to trial.

Before the deposition, your attorney should walk you through all possible questions, preparing you for what may be asked at your deposition and making sure that you understand how to answer the questions.

What Is Mediation?

Mediation is a way to resolve a lawsuit without going to trial. In mediation, both parties work with a mediator, a neutral third party. The goal of the mediator is to help both sides cooperatively reach an agreement. The mediator is not a judge: he or she can only encourage both sides to come to an agreement, not declare that one side has won.

For people that would rather resolve their case outside of court, mediation can be a good option. Mediation can resolve lawsuits more quickly and with less cost than a traditional trial. If you want to try mediation to resolve your claim, your attorney can help you by finding a mediator, explaining the mediation process, and preparing you for mediation. If you and the other party do come to an agreement during mediation, your attorney can let you know if the agreement is in your best interests. If this is the case, your attorney can write a document making the agreement legally binding.

Will My Case Go to Trial?

When beginning the process of pursuing a personal injury claim, many people ask this question. They worry that if they start a lawsuit, a drawn-out battle in court will be the result. But your case does not have to go to trial. In fact, many cases settle before trial.

Whether or not your case will go to trial depends on a large number of factors, including how likely you are to win the case and how much more in compensation you could get through a trial than through settlement. If you accept a settlement offer from the other party or reach an agreement through mediation, your case will not go to trial: it will have ended when you sign the settlement. If you and the other side are unable to settle the case, there is a possibility that your case will go to trial. Your attorney can help you decide the best option for you, whether that is settling or taking your case to trial.

When you work with a personal injury attorney at Martinson & Beason, P.C., we will walk you through the entire process. We’ll be by your side—answering your questions, giving you the advice you need to make the best decisions, and protecting your rights—every step of the way.

If you or a loved one were injured in an accident or as a result of a defective product or nursing home neglect, contact our firm or request an appointment today.