Call Now for a Free Case Evaluation - 4/12/11
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Discovery in many civil cases is the most important component. It is an indicator on how everything will proceed. After discovery, both sides assess pluses and minuses of going further. In some cases, a birth injury attorney will try to reach a settlement being aware of the costs and risks of going to trial, while trying to get the plaintiff to agree to legal damages.
However, there are times it is not so simple. If there is no agreement after the discovery process, your birth injury attorney will request a pre-trial conference to be held before the trial judge. The pre-trial conference will hopefully speed up the disposition of your case by discouraging wasteful pre-trial actions, and will renew the possibility that the case will be settled out of court. The settlement is not always reached out of court. If, however, your case goes to trial, your birth injury attorney and the attorney for the defendants will present witnesses and submit evidence. At the end of all arguments, a judge or a jury will consider the evidence and decide the case. Usually, it is up to the plaintiff to produce enough evidence to persuade the judge or jury that his claim should be successful.
Also, it is possible that the trial may be terminated before going to a judge or jury. If your birth injury attorney can persuade the judge with legal arguments and evidence, then the judge may end the trial. This is known as a motion for summary judgment.
When the trial is over, if your side wins, the court may order the defendants to pay legal damages to you. However, if the other side appeals the verdict, you won’t be allowed to collect any damages or take any actions until the appeal period is over. Your birth injury attorney will inform you on how much time the defendant has to file an appeal.
