The Stages of a Litigated Connecticut Personal Injury Case

Posted by Richard P. Hastings | Nov 20, 2015 | 0 Comments

Approximately 95 percent of all personal injury claims are resolved before trial. Experienced Connecticut personal injury attorneys know that the best way to settle an injury case is to prepare it for trial. Therefore, attorneys for both parties follow a heavily scripted process in which documents are exchanged; questions are posed; witnesses, including experts, are disclosed; depositions are conducted; and evidence is gathered to build a case. This process can be divided into the following categories: the filing of pleadings, discovery process, pretrial conference, and trial.

Pleadings include a variety of legal documents that state and/or allege the opinions, positions, damages, injuries, or theories of law of a party to a lawsuit, and these documents are filed with the court. The pleadings below are the most common.

1. Complaint. A lawsuit is initiated when the plaintiff, or petitioner, serves the initial complaint on the defendant, or respondent. A complaint sets forth the basic elements of a case, including what happened and the injuries and damages incurred. It also describes the plaintiff's allegations as to why the defendant is responsible for the plaintiff's injuries and damages.

2. Answer. The defendant's attorney has a prescribed amount of time to respond to the plaintiff's complaint in the form of the answer. This is the document wherein the defendant admits, denies, or alleges insufficient information to respond to each allegation of the plaintiff's complaint.

3. Special Defenses. These are filed with the answer and allege reasons why the defendant is not responsible for the plaintiff's injuries or claim that the plaintiff is partially responsible for the injuries. Special defenses are unique to every personal injury case. The defendant may claim the plaintiff's injuries were caused by his or her own negligence, or that the plaintiff's claim is barred by the applicable statute of limitations. These are defenses to the plaintiff's complaint or cause of action.

4. Counterclaims. If the defendant feels that a claim can be made against the plaintiff, then a counterclaim is filed along with the answer.

5. Claim for Jury Trial List. This is the point when the court is informed that the plaintiff is ready for trial.

If you or someone you love was injured in an accident, download one of our free eBooks today to learn more about what you should do next. While you can handle your case yourself, you will have a better chance of reaching your desired outcome by consulting with an experienced Connecticut Personal Injury Attorney. Contact our team today at 888-244-5480 for a free consultation. 

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Sample

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Let Us Fight for You

Local Presence. Statewide Coverage.

When you choose Hastings, Cohan & Walsh, LLP you will receive the one-on-one attention and individualized support that you deserve. Our Connecticut personal injury attorneys will not treat you as just another case number nor will we hand your case off to a paralegal.

Unlike other law firms, we will personally handle each legal aspect of your case, walking with you every step of the way. We aim to provide the highest quality representation possible. We have extensive experience and training in a variety of aspects of personal injury law. We obtain the knowledge and skill-set necessary to maximize your compensation.

Menu