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Tennessee Workers Compensation Court Proceedings (Part 2)
Continued from Court Proceedings in a Tennessee Workers Compensation Case (Part 1)It is also very dangerous to wait to hire an experienced workers compensation attorney until the last few weeks or days before your time to file suit expires. First of all, it is very dangerous for you or an attorney to wait until the statute of limitations has almost expired to file suit. Also, an experienced workers compensation attorney will never file suit without fully investigating the facts of the case. In fact, attorneys in Tennessee have taken an ethical oath not to file suit until all of the alleged facts have been reasonably investigated. For this reason, many experienced attorneys-including myself-will not accept a case where there may not be sufficient time to thoroughly investigate the case before filing.
Once the lawsuit has been filed and the defendant has been served, both sides engage in what is called the "discovery" process. In the discovery process, each side investigates and tries to learn ("discover") the facts, witnesses and expert proof that the other party intends on presenting at trial. During the discovery process each side will ask their adversary written questions called "interrogatories," and ask verbal questions during a "deposition." These questions are asked under oath just as if they were asked during a trial. Each party will also require the other party to "produce" (that is, turn over) documents such as medical, educational, employment and/or income tax records. These documents are requested through another form of discovery called a "request for production of documents."
Once discovery is finally complete and both parties know what evidence each will have at trial, the parties often re-enter settlement negotiations.
If a settlement cannot be reached after the discovery phase has ended, the case will proceed to trial. As required by state, the parties have no choice the case has to be heard by a judge.
Please call or click to discuss your work related injury with a real attorney at The Williams Law Group. We can help!
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