Steps to Follow in a Personal Injury Lawsuit.
If you get injured from an accident caused by another person, you should consider filing a personal injury lawsuit. The lawsuit can help you in getting money to pay your medical bills, lost wages and many more. Up to 95% of personal injury cases don’t reach to the court room, both parties agree to settle out of court. Here is a guide you can follow, if your personal injury case goes to trial.
Ensure you have a personal injury lawyer based in your area. There are over 100,000 personal injury lawyer. Checking if the lawyer has experience in personal injury cases is important. Does the lawyer ensure their clients get large compensation payments?
The lawyer you have hired will help you in investigating your case. Your lawyer will know where to get the necessary resources to use for investigating your case. At this stage, the lawyer should know if your case is strong or not. A good lawyer should have reports from the police, compile statement from the police and your medical bills. Knowing the kind of defense the opposing party will use is important for your case.
If the lawyer considers your case to be strong, they will create a demand letter. The letter should have the framework of your case and how much you want the opposing party to compensate you. The injuries sustained and the medical bills you have used should be incurred in the demand letter. The opposing side may decide to settle depending on how strong your case is.
If there is no settlement, the step is for your lawyer to file a personal injury lawsuit.
Your case going for through mediation and discovery before it goes to trail is a requirement. In the discovery phase, both your lawyer and that of the opposing side will be able to gather evidence from both sides, so that they can know how strong your case will be. After the discovery phase there is the mediation phase where a mediator is involved. It is important you choose a mediator that is good with mediation, so that you can come to a settlement.
Your personal injury case will go for trial, if the mediator is not able to help both parties come to a settlement. Both your side and the opposing side will represent their side of the story in a court room.
A decision will be made by the jury from the evidence they have collected from both parties. It is the jury who will decide which party deserves to be compensated and how much.
The losing party can decide to appeal, if they want.