DURING A PERSONAL INJURY LAWSUIT?
Understanding The Personal Injury Lawsuit Process:
The lawsuit process is complex
with many twists and turns, each requiring expert decision-making skills on the part of an attorney.
The following steps will help you understand the various stages of a personal injury lawsuit.
After getting medical treatment for your personal injury, the next step is to consult an experienced personal injury attorney to get a professional opinion as to whether you have a valid claim.
Meeting with a Personal Injury Attorney
CONSULTATIONS ARE FREE
Bring any supporting documentation, medical records, and notes you’ve taken about your situation.
Most personal injury lawyers provide free consultations, so steer clear of lawyers who charge fees just to meet with you.
What you need to know:
Evaluating the Attorney
Questions to ask an attorney
What is their level of expertise and track record handling your type of case? What is their policy regarding communicating with clients?
of any attorney who, during the initial meeting, makes promises about how much money you can expect to receive.
Most personal injury attorneys are paid on a “contingency” basis, which means there is no fee unless your case is successful (i.e., they don’t get paid unless you get paid).
Investigating Your Case
Your attorney will research your case at this stage to fully understand how you were injured and the extent of your injuries, damages, and costs.
As your attorney negotiates with the insurance company representing the party who injured you, a monetary offer may be presented to your attorney to settle the case. You ultimately decide if the settlement is acceptable.
Settling Your Case Prior to Filing a Lawsuit
If a settlement cannot be reached, your attorney will file a lawsuit in court. The process can take several months to several years depending on the complexity of your case.
Filing Suit In Court – Pretrial Phases
Complaint and Answer Phase
The Complaint is the document detailing your allegations regarding how you were injured and the extent of your damages.
During this phase, each party gathers testimony, evidence, documents and information from each other and from third parties regarding the case.
The defendant can file a motion before or after discovery is complete to ask the Court to dismiss one or more of your claims or even the entire case.
Going To Mediation
Mediations are is a non-binding, alternative dispute resolution, during which both sides present their case and engage in settlement negotiations as facilitated by the mediator.
Going to Trial
A personal injury trial consists of six phases:
Witness testimony and cross-examination
Jury deliberation and verdict
Sometimes your case is not over even if a jury gave a verdict in your favor. The defense could appeal the case and ask a higher (appellate) court to reconsider the verdict.
We promise that you do not have to pay fees unless you win.
Speak Directly to an Attorney