Learn what tasks need to be completed in order to secure compensation for personal injuries
Have you been injured due to someone else’s negligence? Whether you broke your leg in a car accident, hurt your back in a slip and fall accident, or were burned by a defective product, the basic process for seeking compensation will be the same. Here are the key steps to complete.
Hire an Attorney
If you are considering filing a personal injury claim, the very first thing you need to do is hire an attorney. Your attorney can help you understand the legal merits of your case and advise you on your chances of successfully securing compensation. Many personal injury attorneys, including The Law Offices of Larry H. Parker, provide free initial consultations for this very purpose.
File the Complaint
Your personal injury attorney will be responsible for filing the initial complaint with the court. The complaint should include:
- The names of the parties involved
- Your legal grounds for seeking compensation
- Facts supporting your claim
- A demand for monetary damages
The complaint must be filed within the appropriate statute of limitations. In most cases, this will be 2 years from the date the injury was incurred or discovered. Your attorney will have 30 days to serve the defendant with a notice of the complaint and a summons saying where the lawsuit will be litigated.
Discovery
The discovery process allows both sides to exchange materials they intend to use as evidence. This may include medical records, accident photos, and depositions of the victim, defendant, eyewitnesses, and expert witnesses.
Filing Motions
Motions can sometimes be used to resolve the case before trial. For example, the defense might file a motion to dismiss if they feel that the claim has no merit, or the plaintiff may file a motion for default judgment if the defendant has failed to respond to the summons. Either side may file a motion for summary judgment if no facts are in dispute and both sides agree that a trial is not necessary.
Settlement Negotiations
Most personal injury cases are resolved outside of court in negotiations between the two parties. They will agree on a mutually acceptable amount of compensation to be paid to the plaintiff, and then the plaintiff will drop the lawsuit. Often, settlement agreements are presented to a judge for approval and to make them legally binding.
Litigation
If a settlement agreement cannot be reached, the case must proceed to trial, and potentially to appeal. Personal injury trials can take weeks, and juries may take hours, days, or weeks more to deliver their rulings.
Looking for a Personal Injury Attorney?
If you are considering filing a personal injury claim, it is essential to have a skilled and experienced attorney on your side. Who better to choose than The Law Offices of Larry H. Parker? We have over 40 years of experience across a wide variety of practice areas, as well as a strong track record of success including over $2 billion secured for our past clients. Call us at 800-333-0000 now for your free consultation.
