The Litigation Process – Phase Three – Pre-trial
by Ohio Personal Injury Lawyer David M. Chester
As I discussed in my prior articles on the litigation process we understand that personal injury claims sometimes the parties involved cannot resolve the issues without going to court or starting the litigation process. Even though litigation may be hard for you to understand and is complicated it maybe necessary to issue you get a fair compensation for your injuries or losses.
The Ohio litigation process can be broken down into 4 phases, Filing the Complaint, Discovery, The Pre-trial, and the Trial Phase. Below the Pretrial phase will be discussed.
Phase Three Pre-trial:
After the parties to a lawsuit have begun to exchange discovery (and sometimes prior to), the court will begin to get involved. Depending on the jurisdiction of where the lawsuit is filed, the court will usually begin to hold conferences with the parties involved to see how discovery is proceeding, discuss any issues, and determine when a trial and pre-trials can be held.
These in court conferences are usually referred to as case management conferences or initial pre-trials. Usually, the lawyers for the parties involved are the only ones that are required to attend.
At a pre-trial, the court will inquire as to where the parties are in settlement negotiations, whether the parties expect to go to trial, and discuss any issues regarding the trial itself. Sometimes, the court may refer the case to mediation prior to the actual trial.
At mediation, the parties and attorneys come together to engage in settlement negotiations which is facilitated by a court mediator. Usually, the mediator is a currently licensed or formerly practicing attorney.
The point of the mediation is to get an unbiased, third party’s opinion who can point out to each party why settlement would be beneficial to them. If the parties cannot reach a settlement at mediation, the case will proceed to trial.
If you think you may have a personal injury claim it is important that you hire an Ohio personal injury lawyer that is not afraid to litigate and understands the Ohio litigation process. Chester Law Group Co., LPA is an experienced Ohio personal injury law firm. Call them today at 800-218-4243 for a free consultation.