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THE LITIGATION PROCESS
If we are unable to resolve your personal injury case through a voluntary settlement, we are prepared to file a personal injury lawsuit and proceed to a jury trial to try to achieve the desired result. A lawsuit is initiated by the filing of a Complaint. Included with the Complaint are Answers to Form 30 Interrogatories. There are seven questions that must be answered by you before the lawsuit is filed. These answers need to be verified. Our Delaware Personal Injury Lawyers will work with you to prepare accurate answers to these questions.
Most personal injury cases are filed in the Delaware Superior Court. When a case is filed, the Delaware Personal Injury attorney for the injured party must decide whether to file the case as an Arbitration or Non-Arbitration case. Unless the injured party's attorney certifies that in his/her opinion the case has a value over $100,000.00, the lawsuit must be filed as an Arbitration case. The majority of cases filed are arbitration cases. In a personal injury case, the injured party is called the plaintiff. The person being sued is called the defendant.
After the lawsuit is filed, the Complaint is served upon the defendant by the Sheriff or a specially appointed process server. Once service has been made, the insurance company will hire a lawyer who, in response to the Complaint, will file a document known as an Answer, along with defendant's own answers to Form 30 Interrogatories. Form 30 Interrogatory No. 6 requires the insurance company to reveal the amount of insurance coverage available to the defendant. Also, at the time the Answer is filed, the defense attorney will require that the injured party sign an authorization allowing him/her to obtain employment and all current and prior medical records. The Delaware defense attorney also has the right to request that the plaintiff see a doctor of the insurance company's own choosing.
If the Delaware personal injury case is an Arbitration case, the Court will appoint an arbitrator. However, in most personal injury cases arising out of motor vehicle accidents, the parties will agree upon an arbitrator with experience evaluating personal injury cases. Once the arbitrator is selected, a hearing is scheduled. The hearing normally occurs within 6 months of the Complaint being filed. The arbitration hearing takes place in the arbitrator's office. The parties will testify and medical records and reports will be reviewed. Following the hearing, the arbitrator has 5 business days to issue his or her decision. Once the decision is mailed to the parties, they have 20 days to review the decision. If everyone is content with the decision, the case is resolved in accordance with the arbitrator's decision. If anyone does not like the decision, they can file an appeal of the decision. Once an appeal is filed, the case is put on a jury trial track. Cases appealed from an arbitration hearing generally take an additional 1 to 2 years to get to trial. Learn more about Mediation cases handled in Delaware.
All Non-Arbitration cases are on a jury trial track from the beginning. All arbitration cases go into the jury track when the case is appealed. Once a case is on a jury trial track, it is in the discovery phase. During this phase, you will be expected to assist your attorney in answering written questions (called interrogatories). You will also be asked to give a deposition, which is a proceeding where the defendant's attorney asks you questions about the case. Your attorney will prepare you for any deposition. You may also be asked to go see a doctor chosen by the insurance company. Often times during this phase, the Court orders the parties to go to a mediation hearing, which is a proceeding where a neutral person tries to get the parties to reach a settlement. If you have any questions about the personal injury litigation process please do not hesitate our personal injury team. We have handled and resolved thousands of personal injury cases in Delaware, achieving full compensation for our clients.
A personal injury case can resolve at any time in the litigation process in Delaware . However, if it does not settle, our attorneys are prepared to litigate your case in front of a jury. A jury trial usually takes 2 to 5 days. The plaintiff and his/her doctors will testify, along with the defense witnesses, including their doctors. The jurors are given very little guidance in what to award a plaintiff for their personal injuries. No one is permitted to suggest a dollar figure and any prior arbitration award or settlement offer cannot be disclosed to the jury. Without any real guidance, the jury is told to use their common sense and achieve a fair result.
Trying a Personal Injury case in Delaware to a jury requires a large expense of money. Depending on the outcome, some of the expenses may be recovered from the other side. In certain limited instances, interest can be awarded to the prevailing party on the amount of the judgment. Click here to learn more about interest.
Contact MorrisJames Personal Injury Group
302-655-2599 (Wilmington) - 302-368-4200 (Newark) - 302-678-8815 (Dover)
The MorrisJames Personal Injury Group has been helping victims of serious Auto Accidents in Delaware for a combined total of 81 years. We have offices in Dover, Newark, and Wilmington. Contact us today |