If someone’s negligence caused an accident or injury, the law provides a legal path for victims to obtain compensation for their damages. Typically, this process would begin by filing a claim with the at-fault party’s insurance provider, such as homeowner’s insurance or auto insurance. If the claim cannot be settled, the accident victim can file a personal injury lawsuit.
Steps Involved in Filing a Personal Injury Lawsuit
Most personal injury cases are resolved out of court, without filing a lawsuit. However, even if a lawsuit has been filed, cases often settle before they reach a jury trial. Every case is unique, which means each one will involve a different timeline.
However, the general steps of filing a personal injury lawsuit include:
Reporting the Accident
How an accident or injury is reported depends on the circumstances. For an auto accident, contacting law enforcement or 911 is the easiest way to report the incident. If you’re injured on the job, you would report the accident to your employer. If you were injured on someone’s property, you would contact the property owner so they could complete an incident report.
Seek Immediate Medical Treatment
Regardless of the severity of your injuries, immediate medical treatment is important. At a medical evaluation, the doctor will document your injuries, which can help strengthen your claim. Prompt medical treatment can also reduce the risk of life-threatening conditions, impairments, or any complications. Without a record to establish the injuries you sustained in the accident, you cannot win your case.
Hire a Personal Injury Lawyer
Contact a personal injury lawyer at Avaness Law to schedule a free consultation. An attorney on our legal team will review your case and advise you of your options.
How Can a Personal Injury Lawyer Help?
When you hire an attorney on our legal team, your personal injury lawyer can help in a number of ways, including:
- Determining how the injuries occurred
- Identifying all liable parties
- Consulting with experts to determine damages and liability
- Filing an insurance claim
- Negotiating with the insurance company
- Evaluating settlement offers
The sooner you contact a personal injury lawyer after your accident, the better chances of a successful outcome to your case. The at fault party and insurance company will look for evidence to limit their liability and disprove your claim. You need an experienced attorney in your corner to level the playing field.
Gather Evidence
Your personal injury lawyer will continue to gather evidence that will support your case.
Evidence could include:
- Police report/incident report
- Photos and video of the accident scene
- Dash cam, traffic camera, or surveillance footage
- Expert testimony
- Eyewitness testimony
- Medical records
- Statements from your treating physicians
- Medical bills
- Statements from all parties involved in the case
- Statements from your employer
- Vehicle repair estimates
The type of evidence needed will depend on the type of case and the circumstances surrounding it.
Documenting Your Damages
Your personal injury lawyer will work with you, your treating physicians, and experts to document and evaluate your damages. You can receive both economic and non-economic damages. Economic damages compensate you for your financial losses, such as lost wages and medical expenses. Non-economic damages compensate you for the physical pain and emotional distress you suffered as the result of the accident and your injuries.
Send a Settlement Demand Letter
Once you have reached maximum medical improvement (MMI), your lawyer will draft a settlement demand letter that includes:
- The details of how you sustained your injuries
- Liability for your claim
- An explanation of the injuries you sustained, such as the severity of your injuries and any impairments
- The amount of compensation you will accept to settle
The demand letter is then sent to the at fault party or the insurance company. The at fault party or insurance company can accept your settlement demand or they can make a counteroffer. If a settlement agreement cannot be reached, your attorney will recommend filing a personal injury lawsuit.
Filing a Personal Injury Lawsuit
The lawsuit begins when the injured party (plaintiff) files a complaint with the civil court. The complaint is served on the defendant. They will have a specific number of days to file a response to the complaint. If the defendant has liability coverage, their insurance company will usually hire an attorney.
The steps involved in most personal injury lawsuits include:
- Filing pleadings
- Discovery
- Negotiation and mediation
- Pre-trial motions
- Selection of a jury
- Opening arguments
- Each party presents evidence
- Closing arguments
- Jury deliberation
- Verdict
If the jury agrees with the injured party’s case, the jury will award damages in an amount they believe fairly compensates the plaintiff for their economic and non-economic damages.
Contact Us Today
If you were injured in an accident that was caused by the negligence of another, you may be entitled to compensation. Contact Avaness Law today to schedule a free legal consultation with an experienced personal injury lawyer on our legal team to learn more.
