Learn about two possible mistakes attorney mistakes that could negatively impact your case
Personal injury attorneys have many responsibilities when it comes to preparing claims, filing lawsuits, and representing the rights and interests of their clients in and out of court. There are of course many ways that an attorney may fall short, and these shortcomings may affect the outcome of the case. Here are two possible procedural mistakes that you may not be aware of, but that could result in you missing out on valuable compensation in your personal injury case.
Sloppy Deposition Stipulations
Depositions are a necessary step in preparing for personal injury litigation. The deposition serves to record the testimony of witnesses for the case in a written format, so that it can be available to the opposing counsel during the discovery process. At the end of each deposition, it is common practice for the attorney to read a deposition stipulation. The stipulation commonly used in Southern California has three purposes:
- Relieving the court reporter of the duty to maintain custody and control of the original deposition transcript
- Laying out a process for the deposed witness to review and sign the transcript
- Allowing for the transcript to be used even if it is not signed or the original is lost
If the stipulation is not done correctly, you could run into problems. For example, the stipulation should include a time frame for reviewing the transcript to help keep the case moving along in a timely fashion. It is especially important to remember to include the stipulation regarding lack of signatures or lost transcripts. If this is not included, a stickler judge could throw out essential testimony because the witness did not sign their deposition. This could weaken your case considerably.
Neglecting to Allow for Settlement Enforcement
Typically, it is to your advantage to settle your personal injury case out of court. This will save you from the stress, delays, and additional costs associated with litigation. Once you and the defendant have agreed on a settlement amount, your attorney will need to make a Request for Dismissal in order to prevent the case from going to court. When making the Request for Dismissal, it is vital that the attorney not forget to request that the trial court retain jurisdiction to enforce the settlement. If this is not done, and the defendant fails to pay you what you are owed as per the settlement, you will have to start a new legal process in order to enforce payment, rather than simply going back to the trial court for help.
Trust The Law Offices of Larry H. Parker
At The Law Offices of Larry H. Parker, we have many highly experienced personal injury attorneys on our team. We understand proper procedure for personal injury cases and you can rest assured that, rather than making mistakes in the handling of your case, we will make sure proper procedures are followed to put you in the strongest possible position to receive full and fair compensation. To learn more, please call us at 800-333-0000 and request a free initial consultation.
