In many ways, a lawsuit against a big company is a lot like a lawsuit against a small company.
Attorneys keep their papers in briefcases, everyone must pass through a metal detector or other security, and almost all civil actions, big, small, or somewhere in between, settle out of court. Of course, in other ways, they’re much different. In a nutshell, pretty much everything is harder when you’re up against a gaggle of lawyers from a big company.
Another thing that’s the same in a lawsuit against a big or small company, or at least another thing that should be the same, is the commitment of your Central Coast Injury Attorney.
Lawyers should never get lost in their own worlds. Instead, your lawyer should give you solid legal advice throughout the process and not let up until s/he obtains the best possible result under the circumstances.
The aforementioned settlement negotiations often begin before a Monterey personal injury lawyer files legal paperwork. If the car crash, fall, or other injury was straightforward in every way, the insurance company has a duty to settle the claim within a few weeks. However, very few things in life are that simple.
So, attorneys must normally file suit. In response, lawyers from big companies usually file procedural motions which, if the judge grants them, could mean a quick, easy win for the big company.
However, before attorneys file legal actions, they have their stuff together. This “stuff” usually means evidence and legal arguments to support their claims. As long as these things are in place, early procedural motions almost always fail. The success rate may be low, but that doesn’t keep big company lawyers from filing these motions. Old habits die hard.
Big company resistance continues later in the lawsuit process when discovery starts. Basically, California law requires both sides to put all their cards face up on the table. Surprise witnesses and other twists and turns make great plot points in the movies, but in the real world, there’s usually no such thing.
During discovery, most plaintiffs must submit to medical examinations, give their depositions, and produce certain documents. Big companies usually pay their lawyers by the hour, so you can expect these attorneys to make lots of trouble during discovery.
If this trouble includes objections to certain kinds of discovery, such as certain questions in a deposition, the judge usually rules on these objections at a later time.
If the case remains unresolved as the trial date approaches, most California judges appoint a third-party mediator to jumpstart settlement negotiations.
Generally, the mediator hears brief opening statements from each side. Then, the two sides retire to separate rooms and wait while the mediator conveys settlement offers and counter-offers back and forth. During these remote sessions, each side has a duty to negotiate in good faith. “Take it or leave it” is not a good faith negotiating position.
Largely because of this additional legal requirement, civil mediation is usually about 90 percent successful in California.
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