What to Expect During a Personal Injury Case

Imagine you are enjoying a calm drive on a bright sunny day when a speeding car suddenly rear-ends you. This incident interrupts your otherwise well-aligned day, potentially causing injuries, disrupting your plans, and can lead to overwhelming medical bills.

However, this is not the end of the road. You can seek personal injury compensation from the at-fault party, though the process is challenging with several steps involved. Navigating this alone isn't advisable due to the complexities of personal injury law. It's best to work with a personal injury lawyer.

Even though the attorney will handle all the nitty-gritty of the case, it is wise to grasp what to expect should you seek compensation. This blog will give you a rundown of how personal injury cases usually go. 

Initiating the Claim

Your journey toward compensation begins by identifying the responsible party. This crucial step occurs immediately after the incident, where you should obtain their contact information and addresses. Subsequently, you should diligently gather substantial evidence to substantiate your claim.

Collaborating with a personal injury attorney can be helpful during this phase. Their knowledge comes into play as they assess the validity of your evidence, discerning what holds weight and what doesn't. Additionally, they can gather evidence on your behalf and conduct witness interviews to support your case.

Filing Your Claim

With all the necessary information in hand, it's time to proceed with filing your claim. This involves preparing a formal document that outlines the details of your lawsuit. The document should include:

• The defendant's name.
• A description of the incident.
• An explanation of the defendant's liability.
• The damages you are seeking compensation for.
• All relevant supporting documents.

Here again, the guidance of a personal injury attorney proves crucial. A proficient attorney will ensure the paperwork adheres to all recommended guidelines and meets the required qualifications. Once formally filed in court, the defendant will be served with the claim. Subsequently, the defendant may choose to deny the allegations, accept responsibility, request a trial, or even opt to accept partial responsibility for the damages.

Settlement Negotiation

When both the defendant and the plaintiff opt for civil negotiation, they come together for a settlement discussion. Typically, this meeting involves the defendant's insurance and the plaintiff's lawyer. Most insurance agents prefer negotiating with the plaintiff's attorney rather than the plaintiff themselves due to reasons such as legal expertise, objective assessment, and risk management.

This process often entails some back and forth as both parties seek a mutually acceptable compromise. In such situations, the plaintiff may prefer settling to minimize their legal expenses, while the defendant may also see settlement as a way to reduce some of their costs.

Discovery

If settlement negotiations fail to produce results, both parties proceed to trial. This commences with the discovery phase, during which both parties exchange all materials they intend to use during the case. This may encompass evidence, documentation, statements, and any other relevant materials.

“The duration of the discovery process varies depending on the complexity of the claim but generally takes several weeks. Its primary purpose is to ensure that there are no unexpected surprises during the trial,” says injury attorney Rich Godshall.

Litigation

The subsequent step in litigation involves depositions from both parties, possibly including any witnesses. Once this process is complete, the formal court proceedings commence with a thorough review of the sworn statements. Each party affirms that the recorded testimony is accurate, true, and comprehensive.

Damages and Compensation

The case concludes when the judge and jury have evaluated the testimonies and evidence pertinent to the case. Armed with all the necessary information, they make determinations regarding liability and the awarding of compensation.

Conclusion

Experiencing a personal injury of any nature can be a traumatic ordeal. However, you can seek compensation for your damages by pursuing a personal injury lawsuit. The presence of a personal injury attorney by your side is of paramount importance in such cases. They can carefully assess the evidence, helping you decide when to settle and whether proceeding to trial offers favorable odds of success.