Want to File a Personal Injury Lawsuit? Follow the Steps Below.
Filing a law suit is the step you should take, if you have slip and fell or an accident caused by another person. The money you will get from the lawsuit can be used to pay for your medical bills and lost wages. Almost all personal injury cases are settled out of court. If your personal injury case is going for trial, consider the tips below.
Ensure you have a personal injury lawyer based in your area. The market is flooded with personal injury lawyers, getting one should not be challenging. Checking if the lawyer has experience in personal injury cases is important. Also, the lawyer should have a history of getting large cash settlement for their clients.
The next step is asking the lawyer to investigate your case. A good lawyer will have resources to use to investigate your case. A good lawyer should tell you, if you have a strong case depending on their investigation. Your lawyer should have police reports, photographs from the scene of the accident, witness testimonies, medical bills and your employment history. A good lawyer should find out about the defense of the other party.
The next is for your lawyer to create a demand letter. The letter should have the framework of your case and how much you want the opposing party to compensate you. Some of the things that should be included in the demand letter are, the injuries you have sustained, the medical bills incurred, wages you have lose because of the accident and many more. If you have a strong case from the demand letter, in most cases the opposing party will prefer you settle instead of going to court.
If there is no settlement, the step is for your lawyer to file a personal injury lawsuit.
Before your case goes to trial it has to pass through the discovery and mediation phase. To know how strong the case is, both parties gather evidence from both sides in the discovery phase. In the mediation phase a mediator will try to have both parties agree on a settlement instead of going to court. Having the mediator that has the right skills is important during the mediation phase.
If the mediation phase is not successful, there is not other choice but for your case to go for trial. In the court room, both parties will be given a chance to represent their case in front a jury.
The jury will take everything that both you and the opposing party and then decide who caused the accident. It is the jury who will decide which party deserves to be compensated and how much.
The losing party can decide to appeal, if they want.