What Are the Steps / Timeline in a Personal Injury Lawsuit?
Injuries are a common occurrence and if you're injured due to the negligence of another person or business, then you may be entitled to seek compensation. The National Ambulatory Medical Care Survey conducted in 2016 stated that there were 39.5 million physician office visits due to injuries. Here are the steps you would need to take in order to receive the damages that you seek.
Have an Accident
There are many types of accidents for which you can sue for damages. Being injured in one of the following accidents could lead to you filing a claim:
Car Accidents
Motorcycle Accidents
Workplace Accidents
Commercial Truck Accidents
Boating Accidents
Product-Liability Accidents
Premises Liability Accidents
Medical Malpractice
Wrongful Death
If you're involved in any type of accident, the first step you want to take is to seek medical care. You may not understand the severity of your injury initially and getting medical treatment will prove pivotal in your case.
Consult with Attorney
Most attorneys offer free consultations and will speak with you about your case whether or not your case is valid. Personal injury attorneys will also have experience in settling and trying cases similar to yours. Consider working with Fasig & Brook Law Firm, adept personal injury attorneys in the Florida area, dedicated to ensuring you get justice.
Investigate Your Accident
Once you've acquired an attorney they will begin to investigate your case. The attorney will acquire police reports, speak with witnesses, review pictures and videos from the scene, and review your medical treatments.
Negotiate a Settlement
Typically, once you've got all the medical treatment that you need, your attorney will use your medical bills, lost wages due to time away from work, property damage, and the pain and suffering you've faced to make a demand to the insurance company. Most cases are resolved in this phase. However, if you're unable to come to an agreement, then your lawyer will file a lawsuit.
File a Lawsuit
After your lawyer files a lawsuit, a judge will then set dates for your case. This process could take months or years depending on the circumstances of your case. One of the first documents your attorney will file on your behalf is a complaint that details the allegations about your injuries, how you got them, who is responsible, the legality of your claim, and the damages that you seek.
Discovery
In the discovery phase, the legal defense teams will exchange testimonies, evidence, and documents. This includes all written documents, interrogatories, document requests, and oral depositions. During this phase, some defendants ask for another medical examination and it's paramount that your legal team be present.
Motions
The defense attorney will submit a written request to the courts. These vary depending on the case but generally ask for a ruling or direction that favors the defendant.
Mediate Your Case
Once discovery is completed, the parties will come together to try alternative dispute resolutions or mediations. At mediation, both parties produce the evidence of the case to a neutral third party that works to help them reach an agreement.
Go to Trial
If settlement agreements and mediation fail, then your case will go to trial where a judge or jury will rule. The length of the case may vary depending on the judge's schedule and case details. Even if the ruling is in your favor, the defendant may appeal the case at a higher court. Before you get your compensation your attorney and other third-party agencies used in your defense will be compensated, then you will receive a check.
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