The Process of Filing a Personal Injury Lawsuit
When you are injured due to someone else's negligence, you may be able to file a personal injury lawsuit against the party who caused your injuries. The process of filing a personal injury lawsuit can be complicated and takes time. Your attorney will keep track of all aspects of your case to make sure everything is moving forward as smoothly and quickly as possible.
In the early stages, your lawyer will conduct an initial investigation of the accident and your injuries to determine whether a lawsuit should be filed. This can take a few months. During this time, your lawyer will request all medical records related to your injury and treatment. They will also need to retain an accident reconstructionist and other expert witnesses if your case is a multi-party litigation.
Once the initial investigation is completed, your lawyer will prepare a formal complaint that alleges that the defendant (the person who caused the accident) is responsible for your injuries and damages. This includes a detailed description of the accident, how you were injured, and how it affected your life. It will also state that the defendant is liable for your damages, including economic losses such as medical bills and lost wages and non-economic losses such as pain and suffering. Visit this website to explore more about personal injury.
After the complaint is filed, the defendant must respond within a specific amount of time. This response, called an answer, will admit or deny all the allegations in the complaint and assert any defenses that they have against your claim.
At this stage, most cases settle for a reasonable amount before they go to trial. This is usually the case in car accidents, but it can occur in other types of cases as well.
Your lawyer will negotiate with the insurance company on your behalf and try to reach an acceptable settlement. The amount of the settlement will depend on your injuries, medical bills, and the extent of your damages. Your attorney will be able to give you an honest opinion of the offer.
If the insurance company does not agree to a fair settlement, your attorney will then file a lawsuit against the at-fault party. This can be done by filing a complaint with the court or informally through an arbitration.
A jury will then decide if the defendant is liable for your injuries and damages. If they are, you will be awarded compensation for your injuries and damages.
Before the trial, both sides will present evidence to prove their case and defend against it. This includes documents, photos, video footage, witness statements, and expert testimony.
The trial can last a day, a week or longer, depending on the number of witnesses and how long each presentation takes. If the defendant is found liable, the jury will return a verdict, which is a written statement from a judge or jury about the case and how much you should be paid for your damages. Read this article to learn more about personal injury lawsuit.
Once a verdict is returned, the defendant will often file a post-trial motion, which is a request for the judge or jury to change the judgment it has made against you. These motions are most common if the defendant believes that the jury erred in its findings or that there was a procedural error in the trial.
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