What Is Pre-Litigation in a Personal Injury Claim?

If you want to go to court about your injuries, you should consult an injury lawyer. After all, an experienced and qualified specialist in legal matters will help assess all aspects of the case, which may qualify as a civil liability or even, for all intents and purposes, as a crime. Before a trial begins, the presiding judge must hold a preliminary hearing with all interested parties – the prosecutor, the defendant, his or her attorney, and the victim and his or her legal representative.

What are bodily injuries

Bodily injuries are bruises, fractures, and other injuries resulting from the conduct of the responsible person, even non-violent, that can cause illness and possibly the consequences of partial or total disability. Think about the case of a traffic accident, for example, those who fail to comply with the obligation to stop at a red light, resulting in an accident with injuries. The driver’s decision, in this case, is not to harm others but rather that his behavior is illegal and certainly negligent. An injury lawyer in Bergen County can help to hold the at-fault driver accountable. Another case that may result in compensable injuries is battery, in this case, physically assaulting the victim. Beating is a criminally significant act; it also creates a need for the assailant to compensate only if the victim has a trauma, i.e., an established adverse physical effect from the attack. The same applies, for example, to the provision of medical services, to accidents at work, and any planned or negligent act resulting in bodily injury.

Moral damages

In addition to payment for actual physical harm, that is, harm consisting of a reduction in life indicators as a result of an injury sustained, especially with irreversible consequences, something may be added. In addition to the monetary payments, the injured person may claim an additional payment from the defendant for moral damages.

How the defense works

During the initial interview, the lawyer examines the client’s factual situation, reviews documents, and, if possible, identifies and immediately communicates to the client the strategy to be adopted to resolve the problem. The company or lawyer you go to provides an algorithm of actions to follow for receiving the indemnity payment from the defendant. From the moment the client gives the assignment, all agreed actions, whether extrajudicial, judicial, civil, or criminal, necessary to resolve the problem are immediately executed. The client is informed of every action performed and of the tasks that become necessary from time to time in order to continue the activity. And if additional clarification is needed, he or she can contact either by phone or during appointments with an attorney who follows up on the case and will provide all requested information.

Why a pretrial hearing is necessary

At the preliminary hearing, the court considers questions such as:

– Whether the case has jurisdiction in this court;

– Whether there is no reason to close the case or to suspend it;

– Whether the content of the indictment complies with legal requirements;

– Whether there are no grounds for changing, revoking, or imposing a preventive measure, etc.

Based on the results of the pretrial hearing, the judge shall render one of the following decisions:

1) to schedule the case for trial;

2) to suspend the proceedings in the case;

3) to return the case to the prosecutor;

4) to send the case to the jurisdiction of the court;

5) to dismiss the case;

6) to send the case for additional investigation.