Pre-Trial Preparation in Maryland Personal Injury Cases
When a person initiates a personal injury lawsuit, they have placed their case on track towards a trial. However, there are many different steps that go into the course of litigation leading up to a trial.
Once a case is filed, the parties will engage in discovery. Discovery is the formal method by which each party can investigate the other’s claim. The defense will investigate the plaintiff’s claim in order to determine what, if any, defenses are available to them. Likewise, the plaintiff will investigate any potential arguments that the defense may raise. Once discovery is complete, the parties will attend a pre-trial conference. It is vitally important to work with a Maryland personal injury attorney for these steps in injury trial preparation.
A pre-trial conference is usually the last opportunity for the parties to check in with the court before trial. The pre-trial conference is basically a meeting among the court and the parties to ensure the parties are ready. The case will then be set for trial.
Common Mistakes Before a Trial
When a person has initiated litigation, they should consult with their attorney in terms of what should be done personally to ensure that no other issues come up that could jeopardize the trial.
Generally, the injured party should not discuss any of the issues surrounding the current case and/or the trial on any forms of social media either at the time that the incident occurred or at any point until the case is resolved.
Many people believe that social media platforms are private but, in fact, they are not. The defense will often investigate a person’s social media outlets in order to evaluate their claim.
There have been situations where a person asserts serious neck and back injuries while at the same time posts to Facebook that they have recently performed a tough running competition. These issues can come up during the course of the trial and can have a significantly negative impact on an injured person’s claim.
How a Lawyer Prepares
The attorney will direct the client in terms of what should and should not be done in preparation for the trial. There are a number of factors that go into preparing for a trial and an experienced personal injury attorney will instruct their client as necessary.
Pre-Trial Information and Evidence
All the evidence that will be presented at the trial may be requested during the pre-trial period. Each case is unique and specific and therefore, an attorney will do what is necessary to secure the relevant evidence to try the case.
An experienced injury attorney will perform the tasks necessary to prepare a case for trial including securing the necessary witnesses, any evidence from a third party, and other factors that go into ultimately trying a case. An obvious benefit with a short pre-trial period is the injured person will be secure in knowing that the case will be short lived. However, a benefit of a long pre-trial period is that the plaintiffs are allowed more time to conduct any additional discovery and obtain useful evidence and information before the trial.
