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Stages of a West Virginia Personal Injury Case (Part B)

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Pretrial Motions

When discovery is completed, both sides will appear before a judge to discuss pretrial motions. These are basically requests by an attorney for issues to be decided before the trial begins. The opposing side is given a chance to respond, and the judge renders a decision.

Settlement Negotiations

As much as you hear about trials in the news, you should realize that the vast majority of personal injury cases never see the inside of a courtroom. Instead, they are resolved before trial through settlement negotiations. Usually, your lawyer and the legal team for the other side will sit down and try and work out a compromise of some sort.

A settlement may involve you accepting a smaller sum of money sooner instead of the possibility of a larger payout from a jury in the future. In return, you would agree to stop suing the defendant. Keep in mind that although your Clarksburg injury lawyer may give you advice about what course of action to take, you have the final say in whether or not to accept a settlement offer.

Trial

If the case proceeds to trial, your Clarksburg injury lawyer will be given a chance to argue on your behalf in court. A trial consists of several stages:

Jury selection;
Attorneys' opening statements;
Testimony of witnesses;
Cross-examination of witnesses;
Attorneys' closing arguments;
Jury instructions;
Jury deliberation; and
Issuance of verdict.

Post-Trial Proceedings

If you are awarded compensation by a jury, you must then take steps to collect the judgment from the other party. Conversely, if you are dissatisfied with the verdict, you have the option to appeal it to a higher court in the hopes of a different result. In either case, your Clarksburg injury lawyer can help you navigate the process to achieve your goal.

Choosing a Clarksburg Injury Lawyer

Unfortunately, car accidents are a regular occurrence on West Virginia roadways such as I-79, I-77, Route 50, Route 33, and I-68. In fact, our state averages more than 40,000 car crashes, more than 400 deaths, and more than 11,000 serious injuries each year. If you or a loved one has been seriously injured in a West Virginia car accident, order a FREE copy of our consumer guide, The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim then contact the Clarksburg personal injury attorneys at The Miley Legal Group for a FREE consultation - 304-326-1800