The 8 Stages of Personal Injury Lawsuits
Michael Babboni
Law
Some feel that personal injury cases are pretty straightforward. Someone becomes injured, they sue for damages, and the liable party pays compensation.However, not every case will be as cut and dry as this. Here are a few stages of personal injury lawsuits you can expect. Keep in mind that not everyone will go through each stage.
The Injury
The personal injury lawsuit starts with the injury. Some of the more common personal injury lawsuits arise due to car accidents, medical errors, workplace accidents, premises liability, and product liability. You will quickly find that liability is a prime factor in any personal injury case when someone's negligence caused you injury.
The Investigation
When you consult with a personal injury attorney, they will ask you for more specific details about the case. They will ask what happened, how it happened, who did what, etc. Sometimes, the attorney will hire an investigator to investigate the matter to see how the other parties were involved.
The Case Assessment
Next comes the case assessment. Any information gathered during the investigation will be used to assess the case. This will also help determine how much compensation you are entitled to for your injuries. An experienced personal injury attorney who has experience with your case type will be your best bet and will have a better chance of accurately assessing your case and possible compensation.
The Negotiators
Attorneys may also choose to discuss the case with representatives from the insurance company as a step toward resolving the case. Sometimes cases like these can be settled out of court. However, insurance companies are known for offering lower than fair settlements. The experience of your attorney will help you receive fair compensation.
The Lawsuit
Once the lawsuit has been filed, the attorneys might begin filing motions for the court to take action. Sometimes the other party will want certain information kept from the public record. Attorneys may also file to dismiss or transfer the case at this point as well.
The Discovery Phase
During the lawsuit's discovery phase, all parties involved will exchange documentation, conduct depositions, and ask questions. This is the opportunity for your personal injury attorney to learn more about the other party involved.
The Mediation
In some cases, mediation or arbitration are required. This usually occurs when other resolution methods have failed. Mediation can lead to a less expensive result and a faster resolution than going to trial. The mediation stage of the lawsuit is usually the last effort taken before the claim has to be settled in court.
The Pre-Trial and Trial
The pre-trial stage of the process means that the actual trial is looming. While many personal injury cases settle out of court, some go to trial. Your attorney will appear in court with the other involved parties if this happens.
A judge or jury will hear the testimony and then come to a decision on the case. Since these trials can prove to be a stressful experience, it does help to have an experienced personal injury attorney on your side.
If you have been injured due to the negligence of another person, then you want to have experienced representation on your side for the duration of the claims process. A knowledgeable personal injury attorney will handle every aspect and stage of your case and ensure that everything is done properly.
Don't hesitate to seek counsel for your personal injury claim.