Stipulations are agreements made during a legal case to streamline the process and establish clear rules moving forward. In personal injury cases, stipulating certain facts can help both parties focus on the core issues, potentially speeding up resolution and reducing unnecessary complications. While many people may not be familiar with the term “stipulation,” especially those who don’t often deal with the court system, understanding its role can be crucial. By agreeing on specific facts, both sides can avoid lengthy disputes over details, allowing for a more efficient and focused legal process.
What Does Stipulation Mean?
A stipulation is a legal agreement made by attorneys on each side of a case. Stipulations can be designed to simplify the case, agree on issues within the case as it is ongoing, or resolve issues ahead of a trial. In many cases, certain facts, issues, or procedures can be agreed on by stipulation. In a personal injury case, not every single issue will be disputed. Even in a highly contested matter, certain issues can be agreed to by stipulation so the attorneys can focus on the issues that are truly in dispute.
Stipulations can help a legal case move forward and get clients closer to a settlement of the claim. Stipulation is a legal term meaning an agreement, bargain, or condition. If your lawyer talks to you about a stipulation or stipulating to a certain fact or term, you should not be nervous. Often, this means your case is moving closer to a final resolution and settlement.
How Are Stipulations Made?
Stipulations, by their very nature, are voluntary agreements that you and your lawyer will discuss before anything is stipulated to. Stipulations are often a way to clear up issues in a case, such as whether or not a driver had their seatbelt on during a car accident or whether a patient had a certain pre-existing health condition.
Once a stipulation is made by both parties, it will be approved by the judge in your case and become part of an order. A stipulation finalized as a court order cannot be changed unless some special reason arises to modify the order. Stipulations lend some finality to certain issues and help streamline a case.
In most personal injury lawsuits, the court will want to know what the issues are and what issues would be addressed in a trial. Courts prefer it when both sides can resolve certain disputes without needing to bring up every single issue at trial. This makes the process quicker and helps parties focus on what really needs to be addressed in a trial.
Usually, an attorney for one side will suggest a possible stipulation to the other side. In some situations, a judge will recommend that both sides stipulate to a certain issue. When a stipulation is proposed, your lawyer will discuss the terms with you. You’ll also be given a full explanation of what you would be agreeing to and how the stipulation affects your case. Most importantly, you’ll have a right to know whether a stipulation will help or hurt your case in the long run.
What Are Some Common Stipulations in a Personal Injury Case?
Almost any fact can be agreed to by stipulation, and many procedural hurdles can be crossed by using stipulations between parties. Some common stipulations in personal injury cases include:
- Agreeing to the qualifications of an expert witness
- Agreeing to whether evidence can be used without objection by one of the attorneys
- Agreeing to the use of witness statements at trial
- Agreeing to using copies instead of original documents as evidence
- Agreeing on which issues are disputed and which can be agreed to
- Agreeing to certain facts about the case, such as a party’s driving record or role in certain aspects of an accident.
Not every single issue in a case has to be disputed. In fact, this can prove harmful to your case and make the process take much longer. Sometimes, even worse, it can bother the judge or jury in your case when you refuse to make certain minor agreements.
Is a Stipulation Good or Bad For My Case?
The answer to this question depends entirely on the circumstances. In many situations, stipulating certain items will help your case by shortening litigation, reducing costs, and simplifying the case for the factfinders. You want to focus on proving liability and establishing damages in a personal injury case – not fighting over every single issue that comes along.
At certain points in a case, it is better to address an issue and move on rather than dwelling on it. Of course, there are times when a stipulation might not help your case at all. When this happens, an experienced lawyer will know when to disagree and will advise you accordingly.
Talk to an Atlanta Personal Injury Lawyer Today
If you’ve been involved in an accident, you may be entitled to compensation through a personal injury claim. These cases often involve several steps and procedures, and stipulations play a key role in the process. By agreeing to certain facts and issues upfront, you can help streamline your case and bring it closer to a timely settlement. Most personal injury law firms offer a free consultation, so there is nothing to lose in reaching out. Contact us today at (770)-900-9000, our Hammers Car Accident & Personal Injury Lawyers are ready to help you.
