What Happens During A Personal Injury Lawsuit?

OlufisayoNovember 4, 201901,090 views

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Being involved in any type of accident can already be stressful. Suffering an injury due to a mistake that you made or a mere coincidence is one thing. However, if you have been injured as a result of the negligence of another person, it can be infuriating. The thought of paying medical bills, finding a way to make up for lost income, and dealing with the consequences of an injury that is not your fault is not ideal.

Fortunately, if you have suffered an injury due to the fault of someone else, you can file a claim against them. If the insurance company or person denies your claim or refuses to compensate you to the level that you deserve, you can take it one step further and file a personal injury lawsuit. While you can certainly file a claim or a lawsuit on your own, you dramatically increase your chances of being compensated for your injuries by working with an experienced personal injury attorney.

Consulting With a Personal Injury Attorney

Whether you have been injured in a car accident, on the job, or at a local business, Grossman Law Firm lawyers recommend that you seek immediate medical attention after you have sustained your injury. Afterward, reach out to a personal injury attorney to schedule a consultation and discuss your case. Most personal injury attorneys will offer a free consultation and will only seek payment if you are compensated for your injuries.

Ensure that you bring the appropriate supporting documentation to the meeting such as medical records, police reports, and any other pertinent information concerning the accident and your injury. Your attorney will review this information and determine whether or not your case has merit. Before you hire your attorney, ensure that you ask all of the questions that you have and carefully read the contract.

Investigation of Claims and Medical Records

The personal injury attorney that you hire will investigate the specifics of your claim. During the investigation, they will interview you about the accident and your injuries. They will also investigate the extent of your injuries, medical costs incurred, and how they affected your life overall. In some instances, your attorney may recommend that you wait until you are fully recovered to file a claim with the insurance company so they know the full extent of your injuries and how much your case is worth.

Making Demands Before Filing a lawsuit

Most personal injury attorneys will not take your case unless they believe that it is winnable. They do not want to invest their time and resources into a case that is not going to bear fruit. With that in mind, many personal injury claims are settled before it ever gets to court.

If your case is strong enough, your attorney will likely issue a demand to the insurance company representing the defendant and begin the negotiation process. If the insurance company agrees that you have a strong case against them, they may offer a cash settlement. If the offer meets your demands, you can accept and close the case. If not, your attorney will file a lawsuit.

Filing a Personal Injury Lawsuit

There are three stages to a personal injury lawsuit. The first stage happens when your attorney issues a complaint which is a legal document that is served to the defendant. The defendant has the option to deny fault or accept it during this stage. The second stage is the discovery phase. During this time each side will exchange information, documentation, as well as evidence. Testimony and sworn statements will also be taken.

The last stage is the motions process whereby the defendant has the opportunity to file for a “summary judgment” and request the judge dismiss the case. The judge will make a determination. However, either side will have the opportunity to appeal.

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