If you are the victim in a personal injury case, you may feel frustrated and overwhelmed as you try to gain compensation for your losses.
You may end up filing a personal injury lawsuit to ensure you receive the compensation you deserve. Yet, you probably are not sure what to expect next. Here are the nine steps involved in a personal injury lawsuit, and below is a chart that illustrates the steps.
- You and your attorney collect evidence for the personal injury lawsuit. This evidence will include the police report about the accident, any accident photos, witness statements and your medical bills and records regarding the injuries you suffered in the accident.
- You and your attorney file the lawsuit using the evidence to show the other driver was negligent and is at-fault for the crash.
- The other driver or their insurance company has a chance to respond to the filing of the suit and both parties exchange information relevant to the suit. This is called discovery and can include depositions and further interrogatories about what occurred in the accident.
- Both sides may file motions regarding the lawsuit. These can include whether to dismiss the lawsuit, prohibit specific evidence from being admitted in court or compel one party in the suit to produce specific evidence.
- Informal injury settlement negotiations begin.
- You and your attorney may reach a settlement for your personal injury compensation.
- If you do not reach a settlement, your personal injury lawsuit may head to mediation, arbitration or trial.
- An outcome is reached either through trial or arbitration or you agree to a personal injury settlement through mediation.
- You or the defendant decide to appeal the verdict or you begin to collect your settlement funds.
Unfortunately, insurance companies sometimes drag their feet with injury claims. Some may dispute whether your injury really was the result of the accident. Some may offer you a small settlement in the hopes you accept it and they don’t have to pay out more.
Consulting with an attorney and filing a personal injury lawsuit could be the best way to get the compensation you need to truly move forward.
