10 January, 2020
Personal injury cases are one of the most common civil cases that people file in court. The reason is that often people become victims of other people’s careless behavior and negligence. Car accidents are one of the biggest causes of fatalities in the U.S., and most of the time, they are the result of a person at fault. A person who is deliberately following the traffic rules and abiding by the civil rules don’t deserve to bear the emotional, physical, and financial losses just because someone else is not following them. They have every right to get compensation for their injuries and other damages. That’s where a personal injury law helps them!
A personal injury law gives the due right to victims of the personal injury case to secure the claim. But neither obtaining compensation is easy nor is filing a lawsuit a piece of cake. You have to go through a process to get your compensation because nobody likes to give their money to others even if they are at fault. But don’t worry; things will fall in the bracket for you if you follow the process in the right way.
Here we have come up with things you should expect during a personal injury case to give you an insight into what you might be facing:
Getting a Personal Injury Lawyer:
Obviously, you should first seek medical help if you are injured in a road accident or fall incident. But after receiving the medical aid, you should immediately look for a San Diego Personal Injury Lawyer. You have every right to get the best compensation for all the damages and injuries you have to endure due to someone else’s fault. And you can’t win the claim all alone because the other party will not leave any stone unturned to avoid paying any compensation. You can’t expect to win the petition in front of the legal preparation and twisted defense of the best lawyer the other party might hire to skip the mess. That’s why you also need to hire an experienced and expert professional injury lawyer who not only has knowledge of the law but also has adequate experience to handle such cases. Your lawyer is like the backbone of your case, so make sure to hire someone who goes well with you.
You not only need a personal injury solicitor to have someone represent you in the court, but he will also share your burden. Like, he will help you estimate the amount of your claim, collect evidence, give insight into law, handle all documentation, and headache of the insurance company. He will also tell you whether your case falls into the category of personal injury case or not. Remember that all accidents occurring on someone else’s property aren’t necessarily personal injury cases. So, it would help if you are sure that your case has the soul to come under this category or not. Do bring evidence (if you have any), medical records, and other documents that can help lawyers assess your case. Before hiring a lawyer, don’t forget to read the contract carefully and ask him questions if you have any ambiguity about anything.
The best practice is that you should start collecting right after the accident. Understandably, you can’t do anything if you got severely injured or unconscious. But if you are conscious and not severely injured, you should buckle up your senses and kick start the investigation on your own. Don’t wait for the police or lawyer, take the initiative on your own. Take pictures of the accident site and your injuries, ask for the contact details of the witnesses and look out for any other information. Your delay can allow the defendant to manipulate the site or remove the evidence.
After you have collected the initial documents, your lawyer will conduct the rest of the investigation. His investigation process will revolve around collecting other supporting evidence. Like, the police report indicating details of the accident, like what happened, names of involved parties, etc. The solicitor will also interview witnesses to strengthen your claim.
If your lawyer finds it necessary, he might also direct you to a detailed medical examination to determine the level of injury. The report by the medical officer will tell how much the insurance company will be willing to pay you. Collecting medical reports, recommended treatments, and prescriptions are part of the investigation process.
After the completion of the investigation, your lawyer will send notice of the claim to the party at fault. The claim is based on the current state of damage and possible future damage. Future damages include loss of wages and potential inability to continue the job due to a severe injury. It might also include emotional damage, like anxiety, depression, fear, or loss of desire to feel happy. These are a few types of damages that a lawyer considers before estimating the claim. This step is usually involved if your lawyer thinks that the claim can be settled without going into a legal tug of war.
After receiving the file of estimated damages, the insurance company will come out with an offer. Most defendants try to settle the compensation out of the court. But most of the time, these compensations are not what you deserve based on all your injuries and damages. Obviously, no one likes to give money to others. However, you shouldn’t fall for their trick just because you need money. Sometimes, people settle for less compensation amount because they are in a hurry to pay off their bills. But it would help if you stay firm. Only accept the offer if you are satisfied with it and think that it will cover up your current as well as possible future damages. If you are not being offered due compensation and you are not satisfied, go ahead with your lawsuit filing process.
Three steps are surrounding the process of filing a lawsuit: 1) Complaint issuance, 2) discovery phase, 3) motion stage.
During the first stage, the attorney issues a complaint which is comprised of three things:
- The nature of the accident
- The legal grounds for filing the lawsuit
- The compensation you want
After receiving the complaint, the defendant gives its answers to it. The answer is usually given through the lawyer in the form of whether he is accepting or denying the levied allegations.
The next stage is called the discovery phase, during which both sides exchange their collected evidence and claims.
This is the last stage where the defendant files a motion during which the judge decides whether the filed case is rightful and deserves to go in the court or not. The judge also has the right to dismiss the case if the judge finds it not lawful.
The judge can also offer to resolve the issue through mediation instead of going to court. During this process, a mediator helps to settle the case. Both parties are free to decide whether they want to accept or reject mediation and continue pursuing the matter through court.
If the mediation doesn’t work and you pursue to go for a trial, then you will get a date for your hearing. A trial begins with the opening statements from both the involved parties. After presenting opening remarks, parties present testimonials, followed by cross-examinations, and in the end, lawyers give their arguments and closing statements. Your lawyer should be well-prepared to face the bouncers of the other party because if the case is running in the court, it shows that the other party will not happily take out money from their pocket. After listening to testimonials, cross-examination, and arguments, the judge/jury will give their verdict. The verdict will be based on whether you should get the compensation or not and the amount of payment.
If the judge rules out the case in your favor, and the other party decides to go with the verdict, you will get the compensation money. However, sometimes, the defendant might not accept the decision and decide to go for an appeal in a higher court. In this case, you will get a notification, and the case will again run in another court. Though most personal injury appeals end up in favor of the plaintiff, it inevitably delays the time of receiving the compensation money. Similarly, you also have the right to file an appeal if the judge rules out the verdict against you.
See? Filing a case is not at all an easy breezy process. It involves a lot of complications, margin of doubts, and entangled facts and figures which are hard to sort out all alone. That’s why you need an experienced personal injury solicitor to help you get your due compensation for all the damages you have to face due to someone else’s mistake and negligence. Make sure to have an eligible lawyer by your side; it will make the difference!
I'm Harry Wilson, a senior digital marketing consultant at Globex Outreach. Writing is my part-time hobby because I get to share my experience with the world. Professionally, I help map out a flawless digital marketing plan for the clients at my firm.