What do you need to start a legal case? The answer to that would depend on the type of case you are talking about and what kind of attorney you would need. When you are looking at cases involving personal injury lawyer and divorce and family law, you are talking about the civil side of the law- which can sometimes be far less than civil. To start a case in any of these arenas, you have to consider this question first: do I really need to involve the courts with this? If the answer is yes, your case begins with the hiring of your attorney.
Once you have found the right attorney, you can then start building the case. For our example, we will use personal injury lawyer, Pete who is going to help Doug build a case against the trucking company that destroyed his minivan and nearly killed him in the process. To get started on his case, Doug will need the police report, the detailed accident report and any photographs that were taken at the scene. He will also need his doctor’s reports, x-rays, lab test results and the list of medications that he was prescribed at the ER. Doug will also be told to keep a list of any medical follow up appointments or treatments that he must make because of this accident. In addition, Doug will keep a diary about how he feels each day and what normal, daily activities that he finds himself unable to perform.
Pete will take all of the documents that he is getting from Doug and use them to compose an initial contact letter to the trucking company and their own attorneys and insurance agencies. From there, the need to proceed will be up to them. If they want to offer a settlement, Pete and Doug will decide whether it is fair and reasonable or if they would get more in a court case. If they accept the offer, the papers will be drawn up and signed and the case will be over with. On the other hand, if the settlement is not considered to be fair, they will refuse it and the case will continue to build.
During the course of all of this, Pete will encourage Doug to continue keeping up with his diary which he will mention to the other attorney whenever he contacts him. There may be a deposition, or a formal hearing that will allow the sides to meet face to face and get a feel for where the case is heading. After the deposition, another settlement offer will be made and if this one is refused, Pete will demand a trial date to be scheduled. At this point, the trucking company will probably make a bigger settlement offer and unless he really has something incredibly damning or he just likes the thrill of a trial, Pete will encourage you to take it.
This article is not to be construed as legal advice.
Additional Legal Pages: If you need further information on Family Law please visit AccidentLawyer.org