What’s The Difference Between Pre-Litigation And Litigation?

July 8, 2014 Category :General Law Off

Personal Injury LitigationWhen being involved in any kind of court case it’s important that you understand many of the procedures involved. You have two options to help you understand some of the terminology involved when pursuing legal action against someone.

For example, you can either do research yourself to help you understand the process involved when filing a claim or you can sit down with an attorney who will help you understand the different steps within the whole progress. It is very important to get a full grasp of what’s happening because each step that you take can impact the outcome of the court case.

With each step comes commitments and more costs if any plus you need to worry about a different outcome if that happens.

There are two stages which will have the most impact on your case which are pre-litigation and litigation. These two can have a huge influence on the case within the court systems.

For those of you not familiar with the terms, let’s take a quick look at how they differ.

In Court vs Out Court

This is the first difference between both terms because one applies to solving the issue at hand before you actually have to take it to court.

Pre-litigation means that you and the defendant’s lawyer are trying to work things out before having to take the matter into a sometimes lengthy trial.

Many lawyers do prefer that a settlement can be reached so they don’t have to go to court because that can take another few months with more research. If lawyers have a large workload they would prefer to keep it out of the court room so they can continue to build their portfolio with other clients.

This is why when you have a claim, find a personal injury lawyer in Los Angeles with experience and you can most likely force a good settlement.

However, if for any case the claim does end of going to the “litigation” phase than you would have to fight the last couple of battles within a court room with a preceding judge because an out of court settlement could not be reached during the pre-litigation stage.

Research and Evidence

During pre-litigation, all the information does not have to be presented which is amazing because gathering additional information for the litigation stage can be very costly and time consuming.

During pre-litigation, you are trying to reach a settlement with the information you currently have available to you. This evidence would include medical documents, photos and expert testimony.

In most cases, during the discovery it’s important to have the witnesses present as well so they can add credibility to the claim. However, other than that you really don’t need to have case law material available to present to the judge.

If a settlement cannot be made during pre-litigation than you will have to take it to court where more facts and figures are presented to the judge so they can render a decision.

It’s a very time consuming process which is way 80% of cases are settled out of court before even reaching a court room.

Costs Involved

Once a case steps out of pre-litigation, the total cost of the entire case has just gone up by 40%. When a case goes to court, the amount of resources that go into winning a case it huge and that are why many lawyers and courts try to avoid this route.

For the client, they need to pay the attorney more money so continue litigating this case in the court system. This is money that might not be available to the customer so it can be a very tough position for the attorney and client.

Next, the state needs to continue to pay the prosecutor to continue fighting this case within the court. This comes out of the tax payers which is something that might not be every ones best interest.

It’s a very lengthy process which can carry on for several months to years depending on the seriousness of the case. In pre-litigation you can avoid increasing costs while in litigation the cost can go very high without an end in sight.

Sometimes cases fighting in court can carry on for years which all cost time and money.

What Are The Statute Of Limitations In Personal Injury Cases?

July 2, 2014 Category :Personal Injury Law Off

PI Statute Of LimitationsWhen filing a personal injury case there are a lot of things involved that you need to be aware of.

First, you need to be aware of the right process involved so that everything can be filed properly. Next, it’s a good idea to have a lot the correct documents together so that when it comes time to filing you’re claim, you have everything you need right away.

Having the right documents at your disposal will ensure that the process is streamlined and that everything goes accordingly.

Finally, there are certain deadlines that need to be met so that you can have your day in court. These deadlines are known as the statute of limitations and there are several involved in personal injury because each step has its own deadline.

Understanding each will help move your personal injury case accordingly and will make sure that you’re case is settled in a timely manner.

Let’s take a closer look at 3 of the most important limitations which are involved within personal injury cases.

Standard Limitation

Once you are involved in an injury, this standard “statute of limitation” begins almost immediately. It’s important because it provides a chance for you to make a decision and get your case going in the right direction. It’s also important because at this point you can explore your options.

For example, depending on your state or province, this limitation can range from “1” to “6” years and will depend on the type of incident you are involved in.

If you are not sure about the exact limitations which are applicable to the type of case you are involved in, then you can either consult and lawyer or do a quick search online where you will be able to provide all the information you are looking for.

The best website to visit would be the law society of the country and state/province you live in because the information is updated regularly and provides the most accurate information.

Discovery Limitation

Once your case has started and been going on for a few months or year, you come into a discovery stage when both lawyers from each side will have a chance to present evidence and ask the questions they need to. Los Angeles personal injury lawyers are excellent at handling cases like this.

They are trying to refute the evidence gathered by the other attorney and trying to gather information for themselves just in case this case does end up in court. There is a limitation on this time period because without it, the case would never end in settlement mutually or within the court system.

In our legal system every case, no matter the kind, involved gathered evidence so both lawyers can present and refute the evidence. This allows lawyers to create a defense and see for themselves if they have a solid case or weak case.

At this point they can make a decision to either force a trial or come up with a settlement. The limitation placed on this stage will depend on type of case again but usually is two years from the time the case has been filed.

Again, there are exceptions to the rule however in most cases it’s two years so that the evidence can be exchanged and refuted.

Government Limitations

These cases are much more sensitive because they involved government departments and entities. If you are involved in an injury with a government factor then you need to check what the statute of limitation is within your state or province.

Government tend to settle cases much more quickly because they don’t want the publicity and decisions can affect other people living within the state or province.

In this case, the limitation starts from the day you are involved within the injury and can last only about a month. If you have a case, it can be settled in as little as 6-1 year from the date of the injury.

The settlement amounts are much higher than other cases however they are much harder to win because of the resources put into such cases.

Either way, it’s important to know that government cases are treated separately compared to any other regular personal injury case.

What 95% of Law Firms Are Doing Wrong (And How You Can Fix It)

July 23, 2014 Category :Legal News Off

Here is the most recent issue in the legal industry affecting our lives.

What 95% of Law Firms Are Doing Wrong (And How You Can Fix It)

Learn 6 ways that will dramatically improve the initial call experience from a potential client.
The post What 95% of Law Firms Are Doing Wrong (And How You Can Fix It) appeared first on Lawyernomics.

See Original Article

Webinar Alert: Focusing on Numbers That Drive Your Business with Conrad Saam

July 16, 2014 Category :Legal News Off

Here is the latest issue from the legal industry affecting our day-to-day lives.

Webinar Alert: Focusing on Numbers That Drive Your Business with Conrad Saam

Go beyond useless ranking reports and explore the 20 most important metrics that impact the only thing that really matters.
The post Webinar Alert: Focusing on Numbers That Drive Your Business with Conrad Saam appeared first on Lawyernomics.

See Original Article

Top Social Media Trends for Lawyers in 2014

July 9, 2014 Category :Legal News Off

Here is the newest story in the legal industry impacting our lives.

Top Social Media Trends for Lawyers in 2014

If there’s anything that attorneys can do to improve their reach this year, it’s to keep tabs on the latest trends in social media.
The post Top Social Media Trends for Lawyers in 2014 appeared first on Lawyernomics.

See Original Article

Allen Matkins Ranked in Top Tier of California Real Estate Law Firms by Chambers and Partners …

July 2, 2014 Category :Legal News Off

Here is the newest issue from the legal industry impacting our lives.

Allen Matkins Ranked in Top Tier of California Real Estate Law Firms by Chambers and Partners …

LOS ANGELES–(BUSINESS WIRE)–Chambers and Partners has released its annual ranking of the premier business law firms in the U.S. and, for the …
See Original Article

Law and order has touched all time low in UP: Mayawati

June 24, 2014 Category :Legal News Off

Here is the most recent issue from the legal industry affecting our lives.

Law and order has touched all time low in UP: Mayawati

Alleging total collapse of law and order machinery under Samajwadi Party rule in Uttar Pradesh, BSP supremo Mayawati today said the Akhilesh …
See Original Article

Indian-American woman killed mother-in-law to save unborn daughter

May 29, 2014 Category :Legal News Off

Here is the most recent issue in the legal industry impacting our lives.

Indian-American woman killed mother-in-law to save unborn daughter

An Indian-American woman, who admitted to killing her 68-year-old mother-in-law in 2012, has been released from Sutter County jail in California …
See Original Article

Important Decision Regarding Identity Protection on Online – DC Metropolitan Business Law Alert

May 3, 2014 Category :Legal News Off

Here is the latest story in the legal industry impacting our world.
Important Decision Regarding Identity Protection on Online … – DC Metropolitan Business Law Alert
In Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., 752 S.E.2d 554 (Va. Ct. App. 2014), a case receiving national attention, the Virginia judiciary has been …
See Original Article