Having a roadmap for your case can help you understand what comes next — and ease your stress about the process.
For most people, the legal process is a mystery. Even those who have been through a lawsuit may not know how why and when different steps occurred. Understanding the various parts of a personal injury case can give you peace of mind as you go through a lawsuit.
Every case is different, and no case will be handled in exactly the same way as another. However, there are general steps that are taken in most cases. Read on to learn about how a personal injury case typically works — and then contact an experienced personal injury lawyer to learn more about how you can recover after an accident.
Consultation
After you’ve been hurt in an accident, you should consult with a lawyer as soon as possible to preserve your legal rights and ability to recover. A skilled personal injury attorney can help you understand your case and your options, and can make sure that all filings are done on time. At the Law Offices of Larry H. Parker, we offer no-cost, no-obligation consultations to all prospective clients.
Investigation
If you decide to hire a lawyer to pursue a claim, your personal injury attorney will then investigate the facts of your claim. This can involve a number of things, such as gathering police reports, videos, photographs and other evidence, interviewing witnesses, performing an accident reconstruction, and consulting with expert witnesses.
After a thorough investigation, your personal injury attorney will have a better idea of the likelihood that you will be able to recover for your damages. He or she can then move on to the next step: asking the responsible party to pay for your losses.
Claim Letter
Now that the investigation is complete, your attorney will likely put together a demand package to send to the person or organization who caused your injuries, and/or their insurance company. This letter should include information about why you believe that the other party is liable for your losses, and a statement of the damages you have suffered, including lost wages, medical bills, and pain and suffering. It will also include a demand for compensation. The other side will review the letter, and may make a counteroffer or reject your demand altogether. If an agreement isn’t reached, then you will proceed to the next step: filing a lawsuit.
Lawsuit
If the case cannot be settled through a demand letter and negotiation, then your personal injury lawyer will likely counsel you on filing a lawsuit. If you agree to file suit, then the attorney will draft and file a claim with the appropriate court.
Discovery
Once a lawsuit has been filed and the other party has a chance to respond, the discovery phase begins. This is when the parties exchange information about the case, take depositions, and get a better picture of the nature of the claim. With this additional information, the parties may be able to resolve the case prior to trial.
Mediation
Before trial, there may be a formal or informal process to try to resolve the dispute. Mediation is one such option where a neutral third party (often a lawyer or judge) helps the parties attempt to settle the case. If no agreement can be reached, then the case will go to trial.
Trial
At trial, each side has the opportunity to present evidence, including testimony, documents, photographs and videos, to make their case. A judge and/or jury will hear the evidence, and render a verdict in favor of the plaintiff (the person who filed the lawsuit) or the defendant (the person who was sued). The verdict will state whether the defendant is responsible for your injuries, and if so, the amount of damages that you are entitled to for your losses.
Appeals
If either side disagrees with the verdict or other issues in the case, an appeal can be filed. The appeal process is complicated and lengthy, and requires the assistance of a skilled appellate lawyer.
If you have been injured in any type of accident, you will need the help of an experienced personal injury lawyer. At the Law Offices of Larry H. Parker, we have represented more than 100,000 clients and have recovered more than 2 billion dollars on their behalf. Contact us today at 800-333-0000 or info@larryhparker.com to learn more about how we can help you if you have been hurt in an accident. We never charge a fee unless we recover money for you!
