If you or a loved one has been injured because of another person’s actions, then you might be wondering: what is a personal injury lawsuit and how do I get started? This legal process is designed to help victims receive compensation for the damages that occurred in the accident. If another party, either a person or an organization, is guilty of wrongdoing or negligence that caused the injury, then they will need to compensate you for the resulting issues.
Keep in mind that there is a difference between a personal injury lawsuit and a personal injury claim. Often, it’s possible to file a claim and settle it out of court. But if the party at fault is not working with you for a fair settlement, then it might be necessary to go through the legal proceedings for filing a personal injury lawsuit.
In most situations, a personal injury lawsuit happens if liability is being disputed or the settlement negotiations are failing. Regardless of the current status of your case, our experienced legal team is here to assist every step of the way.
Initial Steps After an Injury
You need to make sure that you are following the right steps immediately after an injury occurs. The highest priority is to seek medical attention. Not only do you need treatment, but it’s also important to make sure that you are documenting the resulting injuries. Additionally, make sure that the incident is reported.
The earlier you consult with a personal injury attorney, the better. You need legal representation to help you clarify available options and move forward with a successful personal injury claim. Your attorney will assist in gathering evidence and assessing the full damages.
Pre-Lawsuit Steps: Preparing for the Filing
There are several things that need to be done before you move forward with filing a lawsuit. Your personal injury lawyer will help with these details. This process starts with building your case through evidence collection. Our legal team will review medical records, collect copies of the police reports, and look for any other evidence that can be beneficial for your case.
Additionally, we will need to send a demand letter. This document starts the negotiation process by outlining the damages that you are seeking. When your attorney helps with a good demand letter, then it increases the likelihood of settling out of court without filing a personal injury lawsuit.
Filing the Lawsuit: What to Expect
If you are unsuccessful with the early negotiations with the demand letter, then it might be time to move forward with filing a personal injury lawsuit. Your attorney will help with the preparation of these documents, and then submitting the lawsuit to the court. This official filing begins the personal injury litigation timeline.
During this time, the defendant will have an opportunity to respond to your filing. There is also a potential for motions to dismiss. Each case is unique, which is why you need an experienced personal injury attorney to assist.
Discovery Phase: Next Steps
Now it’s time to build your case by gathering and analyzing evidence that will help to strengthen the case. The discovery process involves exchanging documents, interviewing witnesses, and completing depositions.
A variety of other types of evidence can be collected during this stage, like medical records, expert testimony, and accident reconstruction reports. The goal is to make sure that both sides are ready to settle the case or go to trial, if needed.
Settlement Negotiations: An Ideal Outcome
Ideally, we aim for settlement outside of court. In fact, many personal injury cases are resolved before the trial process begins. This personal injury settlement process is done between your attorney and the opposing counsel or insurance representatives.
Let your attorney handle the negotiation process because they have the experience and knowledge necessary to ensure an optimal outcome. If you need help reaching a win-win settlement, then it might make sense to bring in a mediator to oversee the process.
Compared to going to trial, a settlement is preferred because it saves time, money, and emotional energy.
Trial Process: How it Works
If the attempt to settle fails, then it’s likely that your case is going to trial. This court process can be quite involved, including jury selection, evidence presentation, cross-examinations, and more. Your personal injury attorney will assist, ensuring that you are navigating every stage successfully.
Because the trial results can be unpredictable, it’s critical that thorough preparation is done as soon as possible. The stronger your case, the higher the likelihood that you will receive a favorable verdict and settlement.
The jury or judge will determine the party at fault and also make decisions relating to damages that are awarded. If there are disputes in the decisions, then it might be necessary to go through post-trial motions, appeals, payment coordination, and more.
FAQs
What to expect during a personal injury case?
A variety of steps need to be followed during a personal injury case, such as filing the claim, investigating the case, negotiating the settlement, and possibly going to trial.
How long does a personal injury lawsuit take?
The timeline of a personal injury lawsuit varies. Usually, the whole process can be finalized within a few months, but some cases can take years, depending on court schedules and case complexity.
What evidence is needed for a personal injury lawsuit?
The most common types of evidence to use in a personal injury lawsuit include medical records, accident reports, police reports, witness statements, expert testimony, and photos of the accident site.
Do all personal injury cases go to trial?
No, most personal injury cases are settled out of court. Our goal is to resolve the issue in the most efficient way possible.
Talk to the Personal Injury Experts
If you need help with filing a personal injury lawsuit, then it’s time to reach out to our team at Green Law Firm. We offer full-service legal solutions for our clients. Contact us to schedule your free consultation with a skilled attorney: (956) 542-7000.
