Common Steps in A Personal Injury Litigation Process

If you or your loved has suffered injuries as a result of another person’s recklessness or negligence, you deserve to be compensated for your troubles.

However, for you to be compensated, you will have to go through a
personal injury claims process. And the more informed you are about the process, the less daunting and stressful it will be.

In this article, we will walk you through the steps involved in a personal injury case litigation process and what to expect in each stage.

Initial Consultation

The first thing that you should do if you intend to file a personal injury claim is to consult a personal injury lawyer. While it’s not a legal requirement to hire one, doing so comes with numerous benefits.

For instance, you will have less stress and worries to deal with. Furthermore, you can focus on your healing and recovery, as your attorney deals with the case. Also, hiring a personal injury attorney will significantly increase your chances of a successful claim.

After choosing your preferred lawyer, you will then discuss with them your case. Most law firms offer a free initial consultation. During this consultation, the lawyer will answer any questions or concerns that you may have, the details of the accident, as well as the extent of the injuries.

The lawyer will advise you on how best to proceed with the case.

You should also use this consultation to discuss the lawyer’s fees. Most law firms operate on a contingency fee basis when it comes to personal injury cases, meaning you will not pay anything unless they secure a financial recovery.

Filing Case Documents

If you decide to move forward with the personal injury lawsuit, your lawyer will file the necessary documents and then serve a complaint.

The individual, organization, business or company that you sue, will be listed as the defendant on the complaint while you will be listed as the plaintiff in the case.

The complaint filed will indicate the nature of the accident or incident, and the injuries suffered. Also, the complaint filed should show cause why the defendant should be held liable for the compensatory damages that you are
seeking.

On the other hand, the defendant will file an answer to your complaint.

Discovery

Once both sides in the case file their motions, they will enter the discovery phase.

The discovery phase is more of an evidence exchange process. For instance, your lawyer may send a list of questions or a request for documents to the defendant.

Also, both parties may take sworn statements during this phase.

Pretrial Hearings

During the pretrial hearings, the lawyers for both parties will compel each side to produce supporting evidence.

The lawyers may also use this stage to file motions designed to resolving the case before it proceeds to trial. For instance, your attorney may file a motion for a judgment to be delivered right away, on the basis that the evidence provided is sufficient.

On the other hand, the defendant’s lawyer may file for the case to be dismissed, because the evidence produced by your attorney is weak or insufficient.

Settlement

The majority of personal injury cases don’t proceed to trial. And this is usually reached through mediation and negotiations.

During the negotiations, your lawyer will present a certain figure as compensation, and the defendant will reply with a counteroffer.

The negotiations may move back and forth for several months, trying to strike a deal.

Once a settlement has been agreed upon, it’s then put into writing, filed with the court, and finalized.

The court will then review this settlement and it will become a legally binding contract.

Trial

If your attorney fails to reach a settlement with the defendant’s lawyers, the case will proceed to trial.

During the court litigation, the jury will hear from both parties and then make a decision. And the decision can go favor any of the parties.

Either the jury will decide that the defendant is liable and determine the
compensatory damages they owe or they will decide the defendant is not liable, where the case is dismissed.

Once the judgment has been delivered, both parties are at liberty to decide whether to accept the decision or file an appeal, within a limited timeframe.

If no appeal is filed within this time frame, then the process is over.

As you can see, a personal injury case is a lengthy process, which can take several months to be concluded. And you may not be physically and emotionally prepared to go through the entire process on your own.

Therefore, it’s in your best interest to hire a knowledgeable a personal injury lawyer. A skilled personal injury lawyer will help you to navigate the complexities that come with these cases and increase your chances of securing the compensation that you deserve.