When it comes to filing a personal injury lawsuit, it is easy to get carried away. We all see major stories of people winning millions of dollars or catching the aggravating party red-handed in a court of law. However, the reality is that applying for a filing for personal injury lawsuits is a more challenging process than one might assume. To help you make sure you can go through the process as effectively as possible, here is a simple 5-step process to think about that might help your personal lawsuit.
Always seek treatment
Once you have gone through any kind of injury, accidental or otherwise, you should seek medical assessment ASAP. Having it on-record that you immediately sought out treatment is very important. Even if you don’t feel in pain, a medical professional might spot something internal that could be problematic and thus needs correction or treatment.
If nothing else, it helps to show to any insurance adjuster that you have gone through the correct steps after the incident happened.
Get in touch with legal aid
Your next step is to contact a personal injury lawyer to discuss what steps can be taken. No matter how small a claim, you should always want to get legal aid to support you. Unless you have legal expertise and know the ins and outs of the courtroom process, don’t try to avoid paying out for help – a lawyer can be the difference between winning your day in court or having the case dismissed.
Begin the process
A lawyer will study your complaint and then look through your health records. Here, they should have a clear idea of what to do next via an interview with you. They will also look to go through your medical records and your medical costs; this takes time, so be patient.
Also, they will go through the process of making a petition and then negotiating with the other party. In the case of smaller claims, this could lead to pre-court settlement.
Filing the complaint
At this stage, the claim might have to go to court – if that is the case, your lawyer should take this to the court and now litigation begins. The case will begin trial on a certain date that is given to you both. Please note that it can take as many as one to two years for a trail to begin in earnest. This typically comes down to the kind of laws in your state.
Negotiation and trial
At this stage, some form of negotiation will likely take place. This could mean trying to mediate and find consensus so that some kind of payment is made prior to having to go trial. If not, though, you will need to take your case to court; this could be over in an afternoon or go on for months. It depends on how clear cut the evidence and the likelihood of guilt is. In short, be prepared for a long journey!
Taking part in a personal injury lawsuit can be demanding on your time, your bank balance, and your mental and physical health. Make sure you can commit everything needed, and that you are sure of the validity of the case, before taking this any further with a personal injury lawyer. Most lawyers provide a no-risk, free evaluation of your case – speak with a legal representative, and make your decision from there.
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