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October 30, 2009

Personal Injury Attorney Questions | Once a lawsuit is filed, do we always end up in trial?

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Personal Injury Attorney Questions | Once a lawsuit is filed, do we always end up in trial?

No.  Most cases are settled before trial. After a lawsuit is filed, discovery is conducted by both sides to determine the strengths and weaknesses of the case. Once this is determined, then a case is in settlement posture and many times will be settled at mediation. 

I strongly believe that the use of discovery tools, such as interrogatories and depositions, provide great ammunition to determine the opposing side’s position.  I routinely take depositions of the opposition side in almost every case.  I have found that by questioning the opposing party face-to-face, I can get their testimony under oath, and in many cases get them to make statements which simply do not make sense.  By doing this, I could show the opposing attorney that their client’s version simply does not make sense.  This greatly benefits my client since following the deposition, the opposing attorney ordinarily contacts the insurance carrier and tells them that their insured is not a credible witness.  In many cases, I would receive a phone call from the insurance adjuster offering more money to settle the case.

In addition, I prepare my own clients before their deposition so they make very good witnesses.  Again, following my clients deposition, the opposing attorney usually will write a report to the insurance carrier advising them of how well my client had testified.  If my client did well, then this, in turn, usually translates to a quicker and greater settlement.

Feel free to call me at 818-706-3790 and speak directly to me with any questions you may have.  If you are uanble to call me, then simply Click Here and you will be directed to my website to submit your question.  I recognize that your question is very important to you and I will make every attempt to answer your question as quickly as possible.


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