If you’ve been injured through the actions of someone else, it makes sense to consider filing a personal injury lawsuit. But how complicated is the process? What are the actions you’ll need to take? Below we go through the key steps so you can feel confident that you’ll be giving yourself the best chances of success.
1. Attend to your medical needs
Of course, your priority is to seek immediate medical assistance. However, be sure to obtain records of any treatment you receive and all payment receipts.
2. Collect initial evidence
If possible, gather evidence from the scene at the time. Photos, names of witnesses can all be useful later.
3. Contact a specialist attorney
If you want to know whether to proceed with a claim, an experienced personal injury lawyer will be able to advise whether you have a good case. One of the advantages of hiring an attorney is that they will act on your behalf and take over the remaining steps, which typically take 1-2 years.
4. Your attorney investigates
He or she will follow up with insurers and other parties to uncover all relevant facts. As part of this process, your documentary evidence will be especially useful.
5. Negotiations take place
Once the full facts have been established, your attorney will likely start negotiations with the other parties (usually an insurer) on your behalf. He or she will advise you on whether an offer is acceptable, although the final decision will rest with you. If you decide to accept, your attorney will be responsible for ensuring that payment is made efficiently and you receive the settlement as agreed. However, if an agreement can’t be reached, the process will move to the next steps.
6. A lawsuit is filed
Your attorney will file the personal injury lawsuit. The defendant can still negotiate and make offers of settlement until the moment the case is actually heard in court.
7. The discovery and deposition phase
During the discovery and deposition process both sides seek to obtain relevant facts and documents from the opposing side — this is to allow them to prepare properly and avoids surprises that can delay proceedings.
In a deposition, witnesses are questioned in court about the case, and their answers are recorded. However, it’s not only those accused of negligence, such as your employer, and witnesses who may be deposed — you could also be called on to answer questions about your potential contribution to the accident.
8. Options for settlement
Once the discovery is complete, there are three main possibilities. In a clear-cut case, your lawyer will enter into negotiations on your behalf and a settlement can be agreed upon. If no agreement can be reached, although there’s no dispute about the facts, the court can be requested to fix the level damages, without a trial. This is known as summary judgment.
However, if the facts of the case are disputed, the case will go to trial.
To summarize, placing your personal injury case in the hands of a specialist attorney means that you’ll have an expert on your side who’ll be working to obtain the best possible outcome for you at each stage.
