Filing a Personal Injury Lawsuit
Posted on Saturday, October 1st, 2022 at 5:10 pm
You might be entitled to compensation if you have been hurt due to an accident that was not your fault. You should speak with a personal injury attorney about your situation. They can help you decide if filing a lawsuit is right for you.
Lawrence & Associates Accident and Injury Lawyers, LLC understands that this can be a painful and emotional time. It can seem overwhelming to consider filing a lawsuit when trying to move on with your life. Our compassionate attorneys are prepared to help you understand how filing a lawsuit may be to your benefit.
What Should I Do If I Have Been Injured?
There are specific things you should do after an accident that can help build a strong case for you. You need to seek prompt medical care. In doing so, you will receive the treatment you need to prevent any injuries from worsening.
Keep documentation of all medical bills, doctor’s notes, and any other expenses you incur because of the accident. You should avoid posting on social media during this time. In addition, refrain from accepting any new friend requests. While adding photos or comments may seem harmless, anything you post during this time can potentially hurt your case.
What Happens Before a Lawsuit Is Filed?
The personal injury lawsuit process involves a few initial steps. In many cases, the two parties may settle without filing a lawsuit or going to court. The two major steps that occur before filing a lawsuit are:
- Sending a Demand Letter — Your attorney will draft a letter that includes details about the accident and how it caused your injuries. It will also contain information about your resulting expenses and lost income. The purpose of the letter is to clearly define the compensation you expect to receive, as well as to provide a response timeline. Your attorney will send the letter to the other party’s insurer or lawyer.
- Settlement Negotiation — Your lawyer will handle all negotiations on your behalf. Insurance companies are known for making settlement offers that are too low. They are hoping that you are eager to settle and that you will accept less compensation than you deserve. An experienced personal injury attorney will advise you to reject all unfair offers as they fight to pursue the maximum amount of compensation to which you may be entitled.
While most cases are settled outside the courtroom, this does not always happen. If negotiations are unsuccessful, then your attorney can help you determine whether filing a lawsuit is the right choice for you.
What Are the Steps in a Personal Injury Lawsuit?
Once you decide to proceed with a lawsuit, the following steps will generally occur. While these can seem daunting, your attorney will handle your case for you and keep you informed along the way.
- Filing a Lawsuit — Your lawyer will prepare the required documentation and file the lawsuit on your behalf, ensuring that all deadlines are met.
- Discovery Phase — This period is when the two parties involved request and exchange information and documentation. Discovery typically includes depositions, which are out-of-court testimony under oath. This phase is usually time-intensive as both sides build their case based on the evidence.
- Mediation — This process can often help reach a resolution without going to court. In mediation, a mediator acts as a third party between the two sides involved in the lawsuit. The mediator may be able to facilitate a mutually acceptable agreement.
- Negotiating a Settlement — If you have a strong case, the party you are suing may make a settlement offer. Your attorney will evaluate all such offers to determine if they are fair. By accepting a settlement offer, you surrender the ability to pursue additional compensation in the future. If no settlement is reached, you’ll continue to trial.
- Going to Trial — In court, your attorney will present your case to a judge or jury who will determine who is at fault for the accident and your injuries. If the other party is found at fault, the jury or judge will also determine the amount of compensation they are required to pay you.
- Appeal of the Decision — Once the court reaches a decision, either side may file an appeal. The appeal process can extend the time required to reach a resolution.
If the court awards you compensation, payment will be sent directly to your attorney. After deducting legal fees and any other outstanding expenses, such as your medical bills or other debts, your lawyer will issue a check to you.
Contact Lawrence & Associates Accident and Injury Lawyers, LLC Today
If you’ve been injured in an accident that was caused by someone else, you may be entitled to receive financial compensation. You need to discuss your case with an experienced personal injury attorney as soon as possible. Call us now at (513) 351-5997 to speak with a Lawrence & Associates Accident and Injury Lawyers, LLC lawyer. You can also submit a contact form online, and we will be in touch.