A formal personal injury case begins when your attorney files a complaint against the party who injured you (the defendant). This is called a “lawsuit”.
During this phase, lawyers from both sides formally exchange information and documents in a process known as discovery. Your lawyer will use this evidence to calculate the worth of your damages.
Initial Consultation
Reliving the series of occasions that brought about your twist of fate can be stressful and confusing, but providing your lawyer with all of the statistics viable at your preliminary meeting will help them put together your case for litigation. A lawyer from a reputable personal injury law firm will listen carefully to your story and ask questions to get a full picture of the facts of your case. They may even need to understand approximately your damage and how it affects your existence. Bring all documentation of your injuries, consisting of clinical information from observe-up appointments, pay stubs showing time neglected at paintings, and pix of the accident scene. Bringing this documentation to the meeting will allow the lawyer to start working on your case immediately. Also, remember to write down your questions beforehand so you remember them during the consultation.
Liability Analysis
After an accident, assessing whether you have a compensation case is important. Your lawyer will review the facts of your case and explain legal strategies to pursue compensation.
A successful personal injury claim depends on proving liability. This requires identifying all people, companies, or entities that may be responsible and showing that they breached their duty of care, leading to your injuries. Often, these claims involve multiple defendants or parties, such as two drivers in a car accident. Depending on the type of accident, your attorney will work with outside investigators or expert witnesses to help support the case’s claims. Your lawyer will also help you in determining the total cost of your damages. This includes calculating scientific costs, misplaced earnings, and non-economic damages together with ache and suffering.
Preparation for Trial
A lawsuit is a legal battle, and your lawyer needs to prepare you for the possibility of trial. This can involve assembling medical records, property damage receipts, timekeeping documents that show how much time you missed from work and other documentation. It can also mean preparing for an Examination Before Trial (EBT) – an oral examination by the attorney for the party you are suing that is held under oath.
Your attorney will carefully prepare your testimony, re-enacting the accident to refresh your memory and ensure you answer questions clearly and clearly. They will also prepare your expert witnesses and review potential cross-examinations from the defendant’s attorneys.
Trial
Once your lawyer is convinced that the defendant is liable for your accident-related injuries, she will prepare settlement demands. These are letters that your attorney sends to the insurance company that outlines your position, provide relevant facts and details, and demand a specific amount to settle your claim.
Your personal injury attorney will also submit medical records to establish your alleged damages. Often, this involves submitting bills for your current medical treatment and timekeeping records to demonstrate your lost wages. Sometimes, your attorney will hire an economist to project future costs for ongoing treatment and wage loss.
It is important to know whether your attorney has extensive jury trial experience. While most personal damage claims are settled earlier than trial, you need to make certain your lawyer is ready to go to courtroom in your behalf.
Settlement
When your legal professional is prepared to barter with the defendant, they may have saved proof like surveillance video or different bodily proof and prepared clinical facts which includes narrative reports from your health practitioner that element your injuries, treatment, preliminary analysis, prognosis, and disability facts. They will also have secured any products seized as evidence and may have them stored or submitted for non-destructive testing to determine if they are defective.
They will compile what is known as a demand package and present it to the insurance company for the defendant. The package includes all past and projected future losses resulting from your injury, including the value of your non-economic damages, such as pain, suffering, and emotional distress.
Your lawyer will then negotiate with the insurer, and if a settlement is reached, they will draft an agreement sent to you for signature. Your lawyer should explain all aspects of your case to ensure you understand the settlement terms before signing.
