Suffering from a personal injury after an accident is one of the most devastating experiences a person could go through. It affects your personal as well as your professional life, and everything comes to a halt until you recover. It is ultimately much more frustrating if you get into such a situation because of someone else’s negligence, which happens more often than not. You could be driving your car safely, under the speed limit, but a person running a red light could still crash into you. It is in cases like these that you have to sue for compensation if the other party won’t settle.
Here is How Personal Injury Lawsuits Work.
The first thing that you need to do after suffering from a personal injury is getting medical treatment. Never take your injuries lightly, because there might be a serious underlying problem that could get worse if you neglected treatment. So, go to a hospital, have yourself checked, and most importantly, document this process. You need to ensure that every step of your treatment is documented, including doctor reports and medical bills, which you need to have copies of. These documents will prove vital later on the lawsuit since they will demonstrate that you did suffer health complications on account of the injury –– and you didn’t wait for a week before seeking medical help.
Consult With a Specialized Attorney
This is arguably the most important step in this whole process. You cannot go through a personal injury lawsuit without the help of an experienced attorney who deals with these kinds of cases on a regular basis. As explained by the lawyers at Hamparyan, you have to make sure the attorneys you hire to represent you have tried similar civil cases and have an excellent win rate. You cannot just go for any trial lawyer, but rather one who specializes in personal injury cases. They will know the ins and outs of such lawsuits, and they can help you wrestle out fair compensation for your physical and emotional troubles.
Investigating the Case
The next step would be your attorneys investigating the case and gathering evidence to show that there was negligence and you are entitled to compensation. They will examine police and medical reports, witness testimonies, and every other detail pertaining to the case. This is why it helps that you take photographs of everything after an accident. Such photographs might prove vital and can help your case. In any case, your lawyers will leave no stone unturned while trying to make their case, and this is the step of the process in which they build their case using any relevant evidence.
Making the Claim
Personal injury cases don’t immediately go to court. There is always a chance for settlement, but that doesn’t always work out. In this part of the process, your attorneys will file a demand letter on your behalf to the other parties. It will explain damages –– including medical and any other bills, pain and suffering, lost wages, and any other liabilities. It would usually contain a number that you’re asking as compensation. Now, the other party –– whether that is an insurance company or a person –– has a few choices here. They can accept your offer and settle, reject it, or make a counteroffer. This is a crucial part of the process, and your attorneys have to play it right. They would advise you on the proper course of action here. If the other party makes a counteroffer, your lawyers would tell you if that is the best that you could do. If not, or if they rejected the settlement altogether, then the case goes to court.
The Personal Injury Lawsuit
If all other options fail, the case goes to court to be settled. This is why you need to have experienced attorneys handling your lawsuit. They can’t just be good at settlements; they need significant litigation expertise so they could properly present your case should things go to court. Things can get tricky here, and if you are not represented by competent and experienced attorneys, you can walk out with nothing.
Personal injury lawsuits can be overwhelming, but with the right legal representation, it is quite manageable. It is also possible for a settlement to be reached where a former or current judge mediates between both parties before the trial. If that also fails, then the lawsuit goes to court where it can be settled by a judge or a jury. You cannot just hope to get lucky here, you need to have a strong case and solid attorneys that will represent your best interests so you could get fair compensation.