Filing a personal injury lawsuit can be pretty overwhelming, especially when you are recovering from serious injuries or a personal loss. The liable party often takes advantage of this to settle the case by paying minimal compensation that does not even meet the medical expenses. To make sure you receive fair compensation for all the suffering caused by the accident, you may need to file a personal injury lawsuit.
To navigate the complexity of personal injury and secure the compensation you deserve, you need a trusted personal injury lawyer on your team. You can visit websites like www.greenbergrubylaw.com to find reliable attorneys to assist you through the entire personal injury lawsuit. Here’s what you can expect during a personal injury lawsuit when guided by an experienced attorney.
Investigation to Determine Liability
Once you hire a skilled personal injury lawyer, they will investigate your claim to determine liability. They will collect crucial evidence to prove the negligence of the other party involved in the accident. The investigation generally consists of taking photographs of the accident area, gathering and reviewing medical records, obtaining witness statements, and reviewing lost wage information. The investigation process usually takes more time for complicated accidents.
Negotiations Prior to Filing a Lawsuit
Before filing a lawsuit, your personal injury attorney will send a letter to negotiate with the liable party to discuss and reach a fair and reasonable settlement. The negotiation will most likely involve the responsible party’s insurance company. As you may realize, all insurance adjusters try to settle by paying the injured party as little as possible. However, your attorney will push back to get a fair settlement offer. If the insurance company does not meet your demands, your attorney may ask you to file a lawsuit to get the compensation you deserve.
Statute of Limitations
The statute of limitations for personal injury cases in California is generally two years. It means you need to file your lawsuit within two years of the accident date. Once you file the lawsuit, the defendant must be served with the complaint within 60 days. They are also given 30 days to answer it. The liable party can request an extension of time to respond.
The Discovery Process
This phase of a personal injury lawsuit involves several steps. These often include depositions, independent medical examinations, and expert witness reports. The process may be prolonged as the number of witnesses and pieces of evidence increases. Scheduling problems may also cause delays.
Settlement through Mediation
There is an alternate way to resolve the dispute. The mediation process involves a neutral third party who tries to help both parties reach a settlement. A judge can order that the parties take part in mediation in personal injury claims with damages under $50,000. This resolution process is usually shorter and more cost-effective than going to trial.
The Trial
Your personal injury lawsuit will only go to trial if the case cannot be settled out of court. The trial length usually depends on several factors, such as the number of witnesses, the amount of evidence, the judge’s timeline, etc. The trial of personal injury cases generally gets affected by the court's caseload. During the trial, both sides will present evidence, question witnesses, and make their arguments. The judge or jury then decides whether the defendant is liable and, if so, how much compensation the plaintiff should receive.
Post-Trial Motions
After the court's verdict, both sides have the option to file post-trial motions or appeal the decision. If the defendant appeals, it can delay the case for months or even years. However, an appeal does not necessarily mean a new trial. In such cases, a higher court usually reviews the original proceedings of the trial.
Wrapping Up
Personal injury cases can be complicated and tedious. And if you don’t take the right measures, the defendant's insurance company may deny you the compensation you deserve. A skilled and experienced personal injury attorney can guide you through the entire claims process and represent your case in court. So if you ever sustain any serious injury due to someone else’s negligence, you should consult a personal injury lawyer before taking any major step.
