Personal injury law dictates that an
individual who suffers injuries as a result of another person or entity’s
negligence or carelessness is entitled to establish a claim—a lawsuit—for
damages against the latter. That may seem easy for anyone who may want to
recover compensation for the damages they incurred, but it actually involves a
certain process, which starts with the injured victim consulting a lawyer and
ends with the case being resolved.
As such, here is what a personal injury
victim can expect when he or she decides to file a lawsuit, from start to
finish:
- ·
Contacting
a personal injury attorney. This is the most important action that the victim
must take in order to determine if he or she has a valid claim for damages
against the other party involved in the personal injury accident. Most lawyers
provide free case consultations, so it is a good thing to speak with one while
or after obtaining medical treatment. During this time, the victim must be able
to provide the attorney with any documents—medical records, witness statements,
police reports, etc.—so that the lawyer can evaluate the claim.
- ·
Evaluating
the personal injury attorney.
The victim must be able to take into account the importance of having the right
lawyer for his or her case. Experience, track record, and the way the attorney
approaches the claim should be considered.
- ·
Obtaining
legal counsel. This occurs once the victim has chosen who he or she thinks is
the best lawyer for his or her case. Most lawyers for personal injury cases work
on a contingency basis, also known as the “No Win, No Fee” arrangement, wherein
they are paid fees only if they successfully won their clients’ cases on their
behalf.
- ·
Investigating
everything about the personal injury claim. In this part of the process, the
lawyer will look at every possible aspect of the case, from the victim’s
injuries to the resulting damages he or she suffered. Negotiations with the
other party’s insurance company usually take place here.
- ·
Settling
the case before going to the trial phase. Usually, a personal injury case is
settled before a lawsuit can be filed. The negotiations between the victim’s
lawyer and the other party’s insurance company often involve arriving towards a
favorable settlement offer. It is at this point when the victim, at the advice
of his or her personal injury lawyer, decides to whether or not reject the
offer.
- ·
Filing
the lawsuit. If no settlement was reached (i.e. the victim denied the
settlement offer from the other party), the victim’s attorney would file the
lawsuit. It usually starts with the pre-trial phase, wherein all the particular
information for the case is constructed. Along the way, mediation may be
brought up, wherein the two parties proceed to negotiate a settlement before a
mediator. The pre-trial phase ends if both the victim and the other party reached
a settlement during mediation. If not, the trial commences.
- · Trial phase. In this part of the legal process, the claim is presented before a judge or jury, with the other party setting up a defense against the victim’s allegations. After both sides have presented their arguments, the judge or jury would determine if the other party was indeed responsible for the accident and the resulting injuries and damages to the victim. If it is, then the judge or jury would determine the amount of damages that the victim may receive. The offending party may also file an appeal if the verdict is deemed unacceptable.
Indeed, filing a
lawsuit is a complicated process that could either be settled out of court or
be decided by a judge or jury. It is imperative for the victim, again, to
obtain a personal injury advocate who has the expertise and the experience when
it comes to the claims process.
