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Planning To File A Personal Injury Lawsuit? Here’s What To Expect


If you’ve ever dealt with a personal injury lawsuit, then you have an idea of what to expect when filing a claim. However, if it’s your first time, you may not know what will happen next. So, here’s how to win a personal injury claim if you suffered injuries in an accident that wasn’t your fault.

1. Seek Medical Treatment

As soon as you suffer an accident injury, you should get medical treatment. Even if you don’t feel hurt just see a doctor since you may have suffered internal injuries. It is the proper thing to do right after the accident for the insurance adjuster and the jury to know that your injuries are serious.

2. Consult a Personal Injury Lawyer

Ensure you discuss your condition with a personal injury lawyer no matter how minor the claim seems. You can’t handle an injury claim yourself, unless you know the process and you’re confident of a fair result. However, to be on the safe side, involve a lawyer for your complaint, especially if you suffered significant injury, or the fight from at-fault party is interfering with key issues.

3. Lawyer Studies Complaint and Reviews Health Records

Your lawyer will interview you first to know each detail about the accident, injuries, and medical treatment. Ensure you give the lawyer complete details to avoid last minute surprises. It can prevent the case from ending well and you may not get your compensation. Also, the lawyer will have your medical records and bills about the injury, including records showing any issues you’ve treated relating to the injury case. You must be patient since this can take up to a month.

4. An Attorney Prefers Making Petition and Negotiating

A Personal injury claim that is smaller is usually settled before filing a lawsuit. But if the case can be settled by a lawyer, he or she will make a demand to the other barrister or the other side’s coverage company. A professional lawyer will not make demands, unless the complainant has arrived at a point of maximum medical improvement (MMI). So, plaintiff needs to reach MMI so the lawyer can know how much the case is worth. Also, an attorney shouldn’t file a claim until MMI, since the complainant is not at MMI when the case goes to trial, therefore, the judge might underrate the case. However, the case can go into a litigation phase if the two sides are two far apart.

5. A Filed Personal Injury Complaint

Once the lawyer files a personal injury claim in court, the litigation process starts. Afterward, the clock will start running on when the case will start trial. Even though each state’s pretrial events vary, it can take one or two years for a personal injury lawsuit to start trial. Also, a lawsuit requires to be filed in strict time restrictions that each state has set according to administrative law.

6. Personal Injury Case Discovery phase

In the discovery phase, every party investigates the legal claims of the other side and defenses, such as;

  • Sending interrogatories, which is a fancy word for questions
  • Document requests to each other and testimony of every pertinent parties and witnesses, including the complainant and defendant

The above process can take at least six months to a year based on the case intricacy and their deadlines.

7. Negotiation and Conciliation

As soon as the recovery period ends, the attorneys will begin settlement. This can be as simple as the lawyers talking among themselves. However, some cases will require them to go through mediation, a procedure involving clients and attorneys receiving help from unbiased third-party mediator in resolving the case.

8. Trial

While meditation works, sometimes it fails to need the case to be scheduled for trial. A personal injury suit can take a day or even months. Also, the case may be increased since numerous states have trials held half a day, instead of a complete day. This will double the trial length and the attorneys, as well as judges do other things in the afternoon.

Bottom line

If you or a loved one suffers injuries related to any accident, a personal injury lawyer will help you start a lawsuit. Most attorneys in Las Vegas, for instance, will give a free, no risk case evaluation. So, don’t be frustrated and fight it alone. These lawyers are there to walk with you in this entire battle.


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