Only five percent of cases ever see a courtroom. This means that most cases are either settled or mediated. For those cases that do not settle, the next step is for the injured person (the Plaintiff) to start a lawsuit against the at-fault party (the Defendant). Legal time limits (Statutes of Limitation) could force you to file a lawsuit or lose you claim all together. In almost all situations, the Defendant's liability insurance company will provide an attorney to represent the Defendant.
Once a lawsuit has been started, the Plaintiff and Defendant can still settle the case at any point before trial. In personal injury cases, a trial will be set for nine to twelve months or more after the lawsuit is started. During the first few months after the start of a lawsuit, both parties can obtain from each other information relevant to the case. This is called the Discovery phase. After this, the parties prepare their cases for trial or arbitration.
In Washington, cases where the injured party believes their damages are not more than $50,000.00 must be arbitrated, rather than tried to a judge or jury An arbitration is similar to a trial, in that the attorneys give opening statements, put on their witnesses, cross-examine the other attorney's witnesses, and give a closing argument. Also, just like a trial, the attorneys can submit evidence and make objections. Unlike a trial, an arbitration is not in a courtroom and does not take place in front of a judge or jury. Instead, an arbitrator (usually an attorney experienced in personal injury cases) presides over the arbitration, which takes place in a conference room at his or her law office. In both a trial and an arbitration, after all of the evidence is presented, the judge, jury, or arbitrator will make a ruling on the issues in the case, such as: who was at fault for the Plaintiff's injuries and what is a fair compensation to make the Plaintiff whole.
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