What is the Personal Injury Lawsuit Process?

Have you been injured in an accident that looks like it was someone else’s fault? If so, you may be wondering what to expect in a typical personal injury lawsuit process, including how long it takes. 

This lawsuit process may seem very complex and intimidating – especially if you’re recovering from an accident or injury. A personal injury lawsuit shouldn’t take an additional toll on your well-being during what is already a stressful time. Remember, your health comes first! Often just understanding what comes next can help ease unnecessary worries and fear of the unknown. Now, let’s break down the personal injury lawsuit process so that you know what to expect. 

7 Steps in a Personal Injury Lawsuit

Schedule a Consultation with a Personal Injury Attorney

The first step in any personal injury litigation process is to meet with an injury attorney. Not just any attorney, you need to seek the right one. Personal injury lawyers are familiar with the personal injury claim process and can aggressively advocate for your rights.

The success of your case depends upon this very important first step. Insurance companies may attempt to persuade you to agree to a settlement before you meet with an attorney. Hold off on any statements or document-signing until you’ve consulted with a personal injury lawyer.

A personal injury lawyer will go over things like:

  • Another party’s negligence
  • Injuries sustained
  • Medical costs
  • The defendant of the case
  • Your legal options

Explore Your Case Details

This is when the attorneys take the reins to your personal injury claim process. They’ll gather documents, records, witness statements, video footage and even work with police to reconstruct the scene of an accident. Gathering all the crucial pieces is the key in this step- and thankfully personal injury lawyers know exactly what to collect. 

Deliver the Demand Letter

The demand letter will include important details of your case, supporting documents and finally – a demand for damages to make you whole for your injuries.

The opposing individual, company or insurance company will review the demand letter and determine whether they will accept or attempt to negotiate. If a settlement is not possible, your attorney will file a personal injury lawsuit.

Personal Injury Lawsuit & Discovery Phase

After a personal injury lawsuit is filed, each party’s lawyer will dig deep and uncover all relevant information from the opposing side. This may include:

  • Requests for documents
  • Interrogatories
  • Depositions
  • Physical examinations. 

In some cases, it is necessary to get experts involved.  Your injury attorney will aggressively pursue and request any important information to maximize your recovery.

Resolve Through Pre-Trial Negotiations

Trials can be time-consuming and costly. Your lawyer may attempt to settle, undergo mediation or arbitration to avoid sending the case to trial. These negotiations can result in an agreement, but if not,  the case will go to trial.  Make sure the attorneys you hire are not afraid of pursuing a trial if fair compensation cannot be obtained in mediation or settlement negotiations. 

Trial 

Trials have a few main parts – beginning with choosing a jury, to witness testimony and cross-examinations, and ending with jury deliberation and a verdict. The judge or jury will award you your damages. There’s light at the end of the tunnel but it may not be over yet!

Appeal

If a party doesn’t agree with the outcome, they may file an appeal and submit a brief to the appellate court. The result of the appellate court proceedings could be an affirmation of the verdict, or if they find an error they may reverse the verdict or order a new trial.

Compass Legal Group is Your Compassionate Advocate

We ALWAYS guarantee a free consultation to learn more about your situation and explain your rights and options. If our team decides to pursue your case following the consultation, there is NEVER a fee unless you receive compensation. 

Compass Legal Group is committed to personal attention and maximizing your interests. Our team leverages decades of experience to aggressively advocate for the rights of our personal injury clients and has the expertise needed to hold those responsible for your injury accountable.  We will guide you through a complicated process.

Choose peace of mind with Compass Legal Group. Schedule your personal injury consultation by calling 1-872-266-7277.

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