If you are involved in a personal injury lawsuit, you may hear some legal terms that you don’t quite understand. One of the terms you might hear in your case is “stipulation.” Stipulation might sound like a complicated thing, but it is really quite simple. A stipulation is nothing more than an agreement between opposing lawyers about the facts or procedures to be used in the case.
Stipulation can actually help shorten your case and even keep your expenses lower. An experienced personal injury lawyer knows when to stipulate to certain things and when not to.
Keep reading below to learn more about stipulations and how they might affect your personal injury claim.
When Are Stipulations Made?
Stipulations can be made at any point during a personal injury case. However, many are made at the beginning of a case. This can help the parties move past issues that are not worth litigating. They can agree on how to handle certain issues and focus their efforts on resolving the disputed issues.
It is also worth noting that no one can force you into making stipulations. While the opposing lawyer might try to convince you to stipulate certain facts, you are not obligated to do so. However, once you agree to a stipulation, the court may enforce that agreement. Since stipulations can make your case simpler and lead to a quicker resolution, courts often encourage the parties to make stipulations.
Common Examples of Stipulations
There are many different stipulations that could be made in a personal injury case. Some stipulations relate to the facts of the case, while others relate to the legal process or procedures used in the case.
Some common stipulations include:
- Agreeing on the specific issues that will be tried in the case
- Agreeing to liability in the case and only litigating the amount of damages
- Agreeing to use or not use certain evidence
- Agreeing to the process used during a deposition
- Agreeing to use copies of original documents
- Agreeing to what a witness would have said at trial based on their previous statements
It may be helpful to look at a more specific example. Suppose you are injured in a car accident by a driver who was texting while driving. You have phone records, witness testimony, and surveillance footage that all show the at-fault driver was texting immediately before the crash. The lawyers may stipulate to the fact that the driver was texting so that time is not wasted litigating that fact.
Instead, more time can be focused on the extent of your injuries and the amount of your damages. This can help the parties come to a quicker resolution during settlement negotiations so that the case can be resolved more quickly.
Your lawyer will generally decide whether you should stipulate certain facts or items in your case. Your lawyer should not allow you to stipulate anything that will be harmful to your case.
How Will a Stipulation Affect My Case?
Most of the time, stipulations will only help your case. As already mentioned, your lawyer should not allow you to stipulate to anything that will hurt your claim. There are a few ways that stipulations can help your case.
First, stipulations typically help expedite your claim. Since the parties agree to certain facts or procedures, there is no need to take the time to litigate or negotiate on those items. This can lead to a faster resolution of your claim. This also means that you could receive compensation faster.
Additionally, a stipulation can help keep your case expenses lower. This means more compensation in your pocket at the end of your case. Certain stipulations can help keep administrative costs lower, and your expenses may also be lower due to the shortened time it takes to resolve your claim.
Without an experienced lawyer, you could stipulate certain things that are harmful to your case. For instance, you might stipulate to allow evidence that is harmful to your case. Likewise, you could agree to certain facts that should actually be disputed because they are not in your favor.
Schedule a Free Consultation With a Savannah Personal Injury Lawyer Today
If you have been hurt in an accident in Savannah, reach out to the experienced team at Bowen Painter Injury Lawyers right away. We can help you determine whether a stipulation is appropriate in your case.
We have more than ten years of experience helping injury victims get the compensation they deserve. We will never allow you to stipulate anything that may be harmful to your case. Our experienced team will help put together a winning strategy for your claim and will fight diligently to get you all the compensation you are owed.
Contact us today at (912) 335-1909 to schedule a free consultation with a Savannah personal injury lawyer, and let us get to work.
