Legal Guide

Home > Legal Guide

What Happens During A Personal Injury Lawsuit?

Have you recently been injured as a result of an accident but are not comfortable with filing a personal injury lawsuit? Since many people are rarely involved in lawsuits (if ever), there is a natural sense of unease and discomfort when pursuing personal injury claims or lawsuits. The good news is that most personal injury cases are settled far before they go to trial. However, in the event that your case is not settled, it is important to be prepared to potentially take your case to trial. If you have been injured due to the negligence of another person, it is in your best interest to consult with an attorney that is experienced, aggressive, and proven. Contact a personal injury lawyer at the King Law Firm to discuss the details of your case today.

Hiring a Personal Injury Attorney

Personal injury law can be complex and confusing for most people. Hiring a personal injury attorney can help to ensure that the insurance company does not bully you and that you receive the maximum compensation for your injuries. Before hiring an attorney, conduct research on their current ratings and reviews, inquire about their experience with cases similar to yours, ask about their trial record, as well as fee structure. It is important to note that most personal injury attorneys do not charge you unless they win your case. However, you should have a clear understanding of all fees that you may be subject to in the event that you win or lose your case.

Completing an Investigation

Once you have hired an attorney, they will begin investigating your case. This is why it is important for you to preserve the evidence that you collected at the scene (pictures, videos, eyewitness contact information, etc.) and maintain all medical information related to the accident. After your attorney’s initial investigation is completed, they will know the extent of your injuries, all medical costs (present and future), as well as subsequent financial damages that can be assessed. With this information, they will begin the negotiation process with the insurance company.

Settling the Claim Before it Goes to Court

Many personal injury claims that are filed never make it to court. This is especially true of car accidents. If sufficient evidence of fault has been presented by your attorney to the insurance company, they will often make a settlement offer. Once the offer is made, your attorney will advise you on whether or not it is an offer worth accepting. You will make the final decision. Insurance companies often make an initial offer that is much lower than what you deserve. If you are representing yourself, you may be tempted to take it. However, in most cases, it is best to follow the advice of your attorney.

Taking the Case to Court

If a settlement that both sides agrees to cannot be reached, your personal injury lawyer will file a lawsuit in court. The personal injury trial process can take a few months or years to resolve. Typically, high-value cases such as medical malpractice or accidents that involve multiple parties take longer. Your case will take place in multiple phases to include pre-trial (complaint and answer phase, discovery phase, and motions phase), mediation, and the trial. During the trial, your attorney will present evidence and argue your case. The outcome of your lawsuit will be decided by a judge or jury. If you win, you will receive all (or some) of the compensation that you asked for. Filing a personal injury lawsuit can be complex without the help of a reputable attorney. Ensure that you seek appropriate legal counsel before moving forward with your claim.


comments powered by Disqus