A personal injury lawsuit is a legal proceeding in which a person seeks recompense for harm done to them by the negligence or wrongful conduct of another party. These cases can come from a multitude of incidents, including car wrecks, falls, accidents, medical malpractice, and many other scenarios too numerous to list.
While every case is different, the pathway for pursuing a personal injury claim usually follows a series of steps that culminates either in a settlement or a judgment. Here are these steps in the general order that they most commonly follow. However, if you would like someone to take a more personal look at your case, Pickford Law handles personal injury law.
Initial Consultation
The initial step of a personal injury lawsuit is to consult with an attorney. In this meeting, you provide all relevant details pertaining to the incident, your bodily harm, and any medical treatment you’ve received thus far, while the attorney evaluates the strength of your case, discusses potential outcomes, and explains their fee structure.
Investigation and Evidence Gathering
After you engage an attorney, he or she will commence the investigation into your case. This may entail collecting evidence, such as police reports, statements from witnesses, medical records, and pictures of the injuries or the accident scene. At this time, your attorney may also hold consultations with various experts whose input will bolster your claim.
Filing a Complaint
If the evidence backs your case, your lawyer will submit an official court document called a “complaint.” The complaint states the particulars of the case, the law under which you are litigating, and what you want the court to give you as a result (“damages”, in legal parlance). While all this might seem a bit confusing, there’s no need to feel overwhelmed, Pickford Law handles personal injury law.
Discovery Phase
In the discovery stage, both parties share details that help illuminate the relevant issues in a case. This is the stage where a lot of the labor-intensive work happens and where the real substance of a case gets revealed. Each side will try to find out as much as they can about the other’s case, usually through asking for and inspecting mountains of documents.
Negotiation and Settlement
Prior to the trial, it is still possible to negotiate a settlement. In a significant number of personal injury cases, the concerned parties arrive at a settlement that eliminates the need for a court appearance.
Trial (if Necessary)
If negotiations to settle the case do not succeed, the case will go to trial. At trial, each side will present its argument, witnesses, and evidence to either a judge or jury. Once all the evidence is in, a jury (or the judge in a bench trial) will deliberate and come up with a verdict.
Don’t Try to Go It Alone On Your Case, Pickford Law Handles Personal Injury Law
A personal injury lawsuit can be a long and complicated matter, but with the correct legal representation, it can yield a fair recompense for your injuries. From the very first consultation to the court’s final verdict, it is important to understand the progression of the process and to have patience as it unfolds. Indeed, a personal injury case is a marathon, not a sprint.