What happens during a brain injury lawsuit?

If you or a loved one suffered a brain injury as a result of another person’s negligence, you should consult with a qualified personal injury attorney about filing a lawsuit. An experienced attorney will be able to advise you about your rights.

In a brain injury lawsuit, the injured person, represented by an attorney, files a complaint. The defendant then has an opportunity to respond, and a period of discovery begins. During discovery, both sides have the opportunity to gather evidence from each other. This is an important part of the process, as both sides are able to learn information that may help them decide the strength of the case. At some point during discovery, settlement discussions may begin. The vast majority of brain injury lawsuits do settle, meaning that both sides agree on a resolution, usually involving a payment to the injured person. If a settlement is not reached, then the case may go to trial, which means that in most cases the evidence will be presented to a jury, which may find for the injured person or for the defendant. If a case goes to trial, the trial may take place a year or more after the case is filed.

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