The vast majority of individuals have never seen the inside of a courtroom. As a result, many accident victims and their families are hesitant to file a personal injury claim. The strategies detailed here will help you understand the many steps of a personal injury lawsuit, from the initial contact with an attorney through the ultimate settlement of your case.
1. Consultation With a Personal Injury Lawyer
If you have been harmed as a consequence of someone else’s negligence, your first step should be to speak with a qualified personal injury attorney to determine if you have a legitimate claim. Bring any supporting documents, medical documents, or notes you’ve made regarding your case with you.
2. Case Investigation
Your lawyer will then analyze your case to fully understand how you were injured as well as how many injuries, damages, and expenses you incurred. They will then promptly call the insurance company and the attorney of the person who caused your injury. Throughout the dispute, your lawyer will keep you updated on any agreements and noteworthy developments. Your main focus should be on receiving the medical help you require and going back to your regular schedule.
3. Case Resolution Before a Lawsuit is Lodged
Many incidents of personal injury, especially those involving car accidents, are resolved prior to a lawsuit. While negotiating with the insurance company representing the party who harmed you, a financial offer to settle your case may be made to your attorney. Your lawyer will let you know about the solution offer and advise you as to whether you should accept it. If a settlement offer is made final, you must judge the acceptability of the deal.
4. Filing Suit In Court – Pretrial Phases
If a reasonable settlement is not reached, your attorney will file a lawsuit in court. Following that, a court will set guidelines for each phase of the action. Depending on the intricacy of your case, the procedure might take anything from a few months to many years.
5. Going To Mediation
Mediation is a type of alternative conflict resolution that can be requested at any point throughout a legal proceeding. Both parties are involved, as are their lawyers and a neutral mediator who acts as an arbitrator between the parties. During mediation, the parties present their claims, and the mediator encourages settlement negotiations.
6. Getting Ready for Trial
When a matter gets to trial, your lawyer will give his or her case to the jury, after which the defendant will speak. Following the presentation of each side’s arguments, the jury decides:
- Whether the defendant is liable for your injuries and harm
- How much the defendant must pay you in damages.
A typical personal injury trial has six stages
- Selection of the jury
- Opening statements
- Cross-examination of witnesses and witness testimony
- Closing arguments
- Guidelines for the Jury
- Deliberation and decision of the jury
7. Post Trial
Even if a jury has found in your favor, your case may not be ended. The defense might take the matter to a higher court (appellate) and seek for the verdict to be reconsidered. Even if no appeal is filed, the monetary award may take some time to be distributed.
Before you are paid, your lawyer must pay any firms with a legal claim to a portion of the funds, known as liens, from a special escrow account. The money is then yours to keep when your attorney writes you a check. Your personal injury claim has been settled.
The lawsuit procedure is complicated, with numerous twists and turns that require an attorney’s excellent decision-making abilities. Check to determine whether your personal injury lawyer has handled comparable cases to yours and has a proven track record of success. And, because your litigation might span months or years, be sure you and your attorney get along. Kirakosianlaw.com recommends that you speak to an attorney about your case. You only have one chance to collect the compensation you deserve for your injuries. Consult with a lawyer and make an informed decision.