The Process of a Personal Injury Case
Why Is My Personal Injury Case Taking So Long? Examining The Injuries And Investigating The Accident
Due to the nature of personal injuries, corresponding lawsuits can be lengthy. There are a number of contributing factors to this. First of all, it is important to your case that the full extent of your injuries is known. We need to fully understand how serious your injuries are and how they will affect you, your ability to work and your future. Seeking a settlement before knowing the long-term repercussions of your injuries could leave you without the necessary compensation to care for yourself down the road. As we wait for an analysis of your injuries, our legal team will work on collecting evidence, including the details of your accident, witness statements, information regarding the liable party and any necessary expert testimony.
The Legal Process Of A Personal Injury Case
After the extent of the injuries is established, the legal process relies on many important and necessary steps, such as:
- Compensation request: Backed with solid evidence, our law firm will send a compensation request to the insurance company based on what is fair and just for your specific circumstances. Routinely, these requests are denied.
- Settlement negotiations: We will next attempt to negotiate with the insurers. The great majority of personal injury cases can be resolved through this process.
- Filing a lawsuit: If the insurance company refuses to pay out a fair settlement, we will file an official lawsuit on your behalf (called a “complaint”), seeking the compensation previously requested. The insurer and its lawyers will then respond with a legal pleading called an “answer.”
- Discovery: In this phase, each side of the dispute can request documents, written statements to questions and witness depositions from the other party.
- Pretrial motions: In some cases, one party may file a motion in order to clarify issues or request that the case be dismissed if not enough evidence exists to support the claim. The opposite party is given time to respond.
- Mediation and settlement: At any stage of the litigation process, the parties may engage in mediation in an attempt to avoid the time, money and client stress associated with a trial.
- Trial: If and when mediation attempts fail, your case will proceed to trial. Both sides will present evidence and interview witnesses in front of a jury. This jury will then determine a settlement award. Learn more about what happens in a personal injury trial.