A personal injury lawsuit occurs when you are in an accident that seems like it was someone else’s fault such as a car accident or an accident that happened because of someone else’s negligence, like tripping on uneven pavement or slipping on a wet floor when there was no warning. There are stages to a personal injury lawsuit and you should know what to expect if you ever find yourself in one.
You should always get medical treatment after getting injured in an accident. If you have the slightest sense you are hurt, go to the emergency room or make a doctor’s appointment. This is not only the right thing to do for your own health, but, if you don’t see a doctor or professional quickly after your accident and wait too long, then the insurance adjuster and jury will probably assume that your injury wasn’t serious.
Consult a Personal Injury Lawyer
It is always a good idea to discuss your situation with a personal injury lawyer. In general, if you are going to be out for more than a couple of days due to injury, if you break a bone or if your medical bills total over a couple of thousand dollars, a lawyer is the right person to go to. An all injuries law firm is usually the best way to find a lawyer because they have many at their disposal and you can even chat with them online before deciding who you want to represent you in your case.
Know what questions to ask
- How much will I get if I win? What are my chances of winning?
- Who will work on my case?
- What is your fee?
- Who pays case costs and what are they paid?
- What is your courtroom experience?
The Lawyer Investigates Claim and Reviews Medical Records
Your lawyer will then interview you to know everything about the accident, your injuries and your medical treatment. They don’t want surprises in the courtroom, so everything should be talked about and covered. The lawyer will obtain your medical records and bills relating to your injury which could take a good amount of time.
The Lawyer Considers Demands and Negotiating
Most personal injury claims are settled before a lawsuit is ever filed. Your lawyer may think this can happen with your case and they will make demands so you are recovered as possible and all medical treatment has ended. The case will go to litigation if settlement talks stall and the two sides can’t come to an agreement.
The Lawsuit is Filed
Litigation starts when the personal injury lawsuit is filed in court. The lawsuit must be filed within strict time limits since every state has a statute of limitations. Each side will investigate each other side’s legal claims and defenses. When this process ends, the lawyers will start talking settlement. If they are able, a third-party mediator will try to help resolve the case. If this doesn’t work, the case will go to trial.
Each side will present their case and the judge or jury will determine if the defendant is legally responsible for your injuries and harm, and if they are, then the number of damages they must pay to you.