The primary concept of filing a personal injury lawsuit is to notify both the defendant (the individual you are suing) and the court on the basis of your claim. However, coming out victorious is the real challenge. In practice, claimants rarely ever understand how court-based procedures work. In this article, we’ll be giving you seven steps as a guide to the entire personal injury case process.
Get the Necessary Medical Care
After an individual has sustained an injury, regardless of its severity, they have to seek medical treatment immediately. This should involve a visit to your main care clinic or the emergency room. While many conditions don’t instantly appear after the occurrence of an accident, the most severe symptoms can be prevented or relieved with a timely examination and treatment.
Prepare Documentation
After receiving proper medical care, potential claimants have to document every injury, damage, and medication treatment associated with the accident. It’s essential to gather evidence relevant to the accident’s cause and how the injury has impacted the victim’s life.
Hire a Legal Consultation
While a significant number of small personal injury cases can be settled devoid of legal representation, professional personal injury attorneys will always provide larger compensation compared to claimants attempting to settle themselves. In fact, personal injury attorneys often offer unpaid initial consultations, so it’s beneficial for claimants to talk over their lawsuit with a personal injury lawyer before filing. If you’re finding it difficult to hire a personal injury attorney, you can consider Rosenfeld Injury Lawyers LLC.
Investigate the Accident
When you hire a lawyer, the first step they will take is to interview the claimants to delve deeper into what caused the accident. Lawyers will also request any medical records that you may have received. To properly understand the accident and build your case more effectively, your attorney may decide to get help from accident reconstruction professionals or other experts.
Serve Claim Notice
If an individual decides to chase a personal injury lawsuit, he or she has to involve every party involved in their intention to file suit. Oftentimes, the notice is served personally by a court official, an expert process server, or a law enforcement officer
Start Settlement Talks
A claimant’s attorney will have to make certain demands to the insurance company or the defendant’s lawyer before the lawsuit even gets to court. During this process, both lawyers will attempt to negotiate compensation that will be profitable to both parties involved. Most personal injury cases are settled at this point, although sometimes a settlement isn’t reached.
File the Lawsuit
Litigation starts when the plaintiff and their attorneys file a personal injury claim in court. This is a crucial aspect in the entire court-based process, as it triggers the discovery phase, where both parties will complete investigations into each others’ defenses and claims. The discovery process can last for a whole year because it involves loads of essential documentation.
While understanding the entire personal injury claim process is helpful, how the case is handled is imperative to get the desired outcome. However, it’s also essential to note that every personal injury claim is different.
