Steps in a Personal Injury Lawsuit
Every case is different, and there is no one way to handle a personal injury matter. That said, below is a general overview of some of the steps in a personal injury case.
After you consult a medical professional and start considering a personal injury lawsuit, there are a handful of standard steps to take. These are central to cases involving motor vehicles, slip and falls, and other personal injury accidents.
Reach Out to a Lawyer: Contact an attorney with years of experience handling personal injury cases. As mentioned above, they have a strategic approach toward assessing cases to determine whether you are able to pursue a personal injury claim and how much you could get in a case.
Building Your Case: After you sign a retainer agreement, your attorney and legal team will begin looking over every aspect of your case — your injuries and the circumstances that caused them, the evidence, your employment history and wages, your family’s circumstances, and any other elements that will bolster your claim.
Settlement Negotiations & Demand Package: Your attorney will send what is called a “demand letter” to your insurance company or other party, laying out your case for damages. This step involves a demand for settlement, including a demand letter outlining your case, including liability and damages (injuries, medical bills, lost wages, pain and suffering, loss of life’s enjoyment and future medical care). The letter is then often reviewed by the opposing party, be it an individual, business and/or insurance company. In response to the letter, the opposing party will generally either reject the demand, make a counteroffer or accept it. The demand letter is often the most important impression you will make on the opposing party. Putting a quality letter together, therefore, is critical.
Filing Your Lawsuit: However, if the other party offers a low-ball amount or outright rejects a reasonable settlement, then your legal team will switch gears and be ready to file a lawsuit to try to get you the best compensation possible.
Discovery: This is a period of time when both sides of a lawsuit share documents and other evidence, as requested. Prior to trial, the opposing parties obtain further evidence from one another, and each is able to evaluate the comprehensive nature of the other side’s case. It is often not just what information you seek through the discovery phase; it’s how you do it.
Mediation
Before or after a lawsuit is filed, a mediator – often a current or former judge – may oversee mediation between the parties in an effort to avoid trial. Mediation is simply an informal proceeding in which the parties attempt to reach an agreement in the matter. The steps one makes in mediation can have long-lasting effects in a case, so it is important to have someone who is trained and experienced in the area. We have extensive experience with mediation and handling negotiations. experience successfully mediating high-value cases.
Trial: When a case can’t be settled, it goes before a judge and jury. It is during this time that your attorney will argue your case, which includes interviewing expert witnesses.
Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
Contact us today at 786 Lawyers for a free consultation!
