Every personal injury case will be unique based on the type of accident that occurred, the injuries you suffered, and other circumstances of your case. However, most injury claims follow a general process, and the steps are described briefly below. To discuss your specific situation, contact a personal injury lawyer directly.
After an accidental injury, always seek the medical attention you need as soon as possible to stabilize your condition and document your injuries. If the insurance company of the at-fault party contacts you, give them minimal information and advise them you will be seeking legal representation.
Have a trusted attorney evaluate whether you have a valid claim. If you feel good about an attorney and they agree to take your case, you will go over the detailed terms of representation and contingency fees, and you can sign a representation agreement.
First, your attorney will most likely try to file a claim directly with the insurers of the liable parties. Sometimes, an insurer will negotiate and agree to pay a fair settlement. If not, however, your attorney will prepare and file a personal injury lawsuit with the appropriate civil court. The defendant is then served the complaint and court summons.
There are many aspects of pretrial litigation. First, your attorney will request and obtain information, documents, physical evidence, or depositions from the other side. Your attorney can then file pretrial motions with the court and/or respond to defense motions filed at this stage of the case.
Your lawyer can use the information they gathered in discovery and the judge’s rulings on pretrial motions to present a stronger case in settlement negotiations. The large majority of cases resolve with a settlement, as the defendant and their insurance company might want to avoid the uncertainty of trial, as well as the necessary resources to conduct a trial. However, if the defendant refutes liability or refuses to agree to a reasonable settlement amount, the case will need to proceed to trial.
Your attorney will develop a detailed trial strategy to present the strongest case possible in your favor to the judge and jury. Trial prep can be extensive and includes preparing you for possible testimony.
Personal injury trials follow specific procedural and evidentiary rules, and you need a skilled litigator who can present your case in accordance with all legal requirements while persuading the jury. The defendant also has the chance to present their case.
There is usually one final round of negotiations to see if you can reach a settlement based on the cases presented at trial. If the defendant believes your case is strong, they might be willing to settle at this stage. If there is still no settlement, the jury will deliberate and issue a verdict regarding whether you deserve compensation and how much.
If you suffered injuries and believe someone else should be held liable, you want the help of a personal injury lawyer from SAM LAW OFFICE, LLC. Don’t wait to contact us for a free case evaluation today.
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