A personal injury case can be a complex and time-consuming process. It typically involves an individual (the plaintiff) who has been injured or suffered some loss due to the actions of another person or entity (the defendant). The plaintiff may seek compensation for their injuries or losses through a legal claim against the defendant. Continue reading to discover what to expect in a personal injury case.
If you are involved in a personal injury case, you can expect the following:
Contents
Hiring a Personal Injury Attorney
Once you’ve received medical treatment to contain the pains from an accident such as a car accident, you should hire a personal injury attorney to help you navigate the case. A qualified legal attorney on accidents such as incidents at con edison power plants, will help determine if your case holds water before pursuing a personal injury claim.
Settle the legal fees and how the payment will be made to your attorney. More often, personal injury attorneys are paid on a contingency basis, meaning you only pay if you win the case. Agree on how (percentages) to share monetary compensation in case you get awarded.
Investigating Your Case
After having a legally binding agreement on the whole process of prosecuting your case, your attorney will begin by opening an investigation into your case. To effectively investigate the accident or incident that caused the injury, your lawyer will start collecting and analyzing evidence, such as witness statements, medical records, and police reports.
Provide your attorney with the necessary information detailing what was involved in the accident. If you took pictures of the event, avail them to your lawyer. Sufficient evidence will expedite your case, giving you enough grounds to win the case.
Negotiating
During the investigation, your attorney will reach out to the insurance company of the person who injured you. Together with the third party’s insurance company lawyer, your attorney will strike a negotiation deal to resolve the matter outside a law court. A settlement offer will be suggested by the insurance company to compensate your loss. Normally, initial settlement offers can be to your disadvantage; therefore, consult with your attorney to share their honest and professional advice on the offer. Nonetheless, the decision to take the offer solely lies with you and not any other person.
Filing a Personal Injury Claim
In the unfortunate event the negotiation fails, your attorney then proceeds to the pretrial phases of formally filing suit in court. The first step involves drafting and submitting a legal document (known as a complaint) outlining the plaintiff’s (your) allegations and the damages you seek. The complaint is then filed with the court and served on the defendant. There are three phases of pretrial, which include:
1. Complaint and answer phase-after filing a complaint, the defendant will have an opportunity to respond to your allegations by filing a legal document known as an answer.
2. Discovery phase- This is the process by which both of your gather information and evidence from each other and third parties. This may involve exchanging written questions and answers (known as interrogatories), requesting documents, and taking depositions (recorded oral statements) from witnesses.
3. Motion phase- involves filing a motion by defendant before or post-discovery requesting the court dismiss the entire or parts of your claims.
Mediation
Mediation is an alternative dispute resolution mechanism where a neutral person is involved between two antagonizing sides. Your attorney and the defendant’s lawyer may request before the court to engage a third party with neutral interests in your case. While meditating, both of you suggest a settlement offer while the mediator assists you. Remember, the mediator is only involved as a referee meaning the whole process is non-binding. You’re at liberty to accept the offer or decline.
Going To Trial
The case will go to trial if you fail to reach a settlement. You can present your evidence and arguments at trial to a judge or jury, who will then decide the case. If the defendant is found guilty, they legally become responsible for the damages caused to you. You then get compensated for all the claims you filed.
It is important to note that every personal injury case is unique, and the specific steps and timeline will vary depending on the facts of the case and the laws of the jurisdiction in which the case is being heard. An attorney specializing in personal injury law can help guide you through the process and protect your rights.
