Your Ultimate Guide to the Personal Injury Lawsuit Process
Personal injury lawsuits are surprisingly common and yield huge settlements. In fact, the New Jersey state government paid out almost $120 million in personal injury lawsuits last year.
On the other hand, the state recovered nearly $150 million by winning personal injury lawsuits. Clearly, this is a large and impactful sector of the legal industry.
These lawsuits are an effective way for victims to obtain financial justice after a devastating injury. However, there is a burden on the victim to prove negligence or wrongdoing before securing a victory.
Read on to learn more about the personal injury lawsuit process. Explore this comprehensive guide to the process and what to expect.
First Step in the Personal Injury Lawsuit Process
Unfortunately, the first step in the personal injury lawsuit process is an accident. It is important that you understand the process begins here.
Your general awareness will help win your lawsuit and collect an adequate settlement. If physically able, collect any helpful evidence from the scene of the accident.
Anything that demonstrates negligence or wrongdoing occurred improves your odds of success. If you are unable to do so, see if a family member can help. Photographs, videos, and documents are all useful.
Obtain Medical Treatment
If you are injured, make sure to accept and receive medical treatment. Most importantly, you want to make sure to receive proper diagnosis and treatment.
Sometimes, major issues are not evident immediately after the accident. Instead, these injuries or ailments manifest over time.
From a legal perspective, denying treatment at the scene of the accident is a mistake. Opposing lawyers in a personal injury trial will seek to exploit this fact.
Finally, take care to save receipts and bills from all medical treatment that you receive. Your legal team will seek to recoup these expenses during the personal injury lawsuit process.
Hire a Law Firm That Specializes in Personal Injuries
Once you are healthy, it is time to seek out professional assistance. Start off by asking friends and family for a legal referral. Next, perform internet research to find reputable personal injury attorneys with many recent victories.
Once you narrow the list down, schedule a consultation with a law firm. Here, a personal injury attorney informs you whether the case has any merit. This will also be an opportunity for you to ask any questions about the personal injury lawsuit process.
The lawyer is likely to ask you for specifics about the accident. This is the perfect time to share any collected evidence and medical bills that are due.
Lastly, you can review the attorney’s fees. Some personal injury attorneys only collect a fee when a financial settlement is received.
Pre-Court Negotiation
In some cases, your attorney will seek to settle the case without going to court. This is typically accomplished via a letter to the negligent person or entity’s insurance company or attorney.
Here, the case is made against the responsible party. Your attorney also includes a specific demand for financial retribution. If this demand is met or acceptable counteroffer made, the settlement does not necessarily need to go to trial.
File Court Documents
Once you select a personal injury attorney, it is time to serve a formal complaint to the court. In these court documents, you will officially name a defendant and why it is believed they are liable for the injury.
The opposing attorney can submit court documents as well. Sometimes, the defendant’s attorney will submit a motion to dismiss. This means they are asking a judge to stop the process.
Now it is time to get strapped in for the long haul. It can take up to two years to reach the trial phase of the personal injury lawsuit process.
Discovery Process
The discovery process takes place before a lawsuit goes to trial. This is where the attorneys for the plaintiff and defendant request information from each other.
The intent is to establish the facts of the case before going to trial. In some cases, the attorneys request copies of important documents. This may include medical or accident reports, copies of bills, and other pertinent information. Attorneys may also submit sworn depositions from any witnesses of the accident.
The discovery process is one of the reasons that it takes so long to get to trial. It can take up to one year to complete the discovery process. This timeframe depends on several factors including how complex the case is and what deadlines the court mandates.
Negotiation and Mediation
Before the trial is underway, there is another opportunity for settlement. Now that the facts of the case have been established, the two attorneys can start negotiating a settlement.
At first, negotiation takes place between the attorneys for the plaintiff and defendant. If talks stall, the attorneys may elect to enter mediation.
Here, a neutral arbiter tries to help the two parties reach a deal. In many cases, mediation helps the two parties arrive at a fair settlement for both parties.
Trial
In the event that mediation fails, it is time to present the merit of the case before a judge. The duration of the trial varies depending on the complexity of the case.
Do witnesses need to be called? Does any new evidence come to light during the trial? Does the judge require additional time to review important documents?
The Final Steps
Once you reach the trial phase, the personal injury lawsuit process is near completion. Now, the judge will rule on the case and determine what type of settlement you receive, if any.
The next step depends on whether you win or lose. If you are victorious, the subsequent move is to collect the settlement. If the judge hands down a losing verdict, the only option is to file an appeal.
A Recap of the Process
The New York personal injury lawsuit process is long and daunting. The process typically does not begin until you are fully recovered from your injuries.
Then, steps like discovery and settlement talks take well over a year. If you want to learn more about the personal injury lawsuit process, contact us for assistance.
Contact our Firm Now. We Are Here To Assist You.
Have you or a loved-one suffered personal injury as a result of another party's negligence? Our high-profile personal injury lawyers can help you with your case.
We are here to assist you with finding the right personal injury attorney in New York, New Jersey, Pennsylvania, or Connecticut for your case. Contact us now for a free consultation.