The road to recovery can be long and challenging when you have suffered an injury due to someone else’s negligence or misconduct. That’s why it is essential to understand the steps involved in a personal injury lawsuit and how an attorney can help guide you through the process.
It is always your option to decide whether to proceed directly with the insurance company or to take your case to court. Your personal injury lawyer will give you their best professional advice about what works best for your circumstances. You may not always need to file a personal injury lawsuit because you can resolve many cases informally through the insurance claims process. It can take some time and considerable negotiation with the insurance company, but there is a strong chance you will reach a settlement for your case.
However, you may not have the time to spend on the claims process because it is in your best interest to file a lawsuit immediately. For example, you may have more protections when you start your case in court because there are extra safeguards against destruction and spoliation of evidence.
Alternatively, you may be unable to file your case until close to when the statute of limitations expires, which may not give you enough time to negotiate with the insurance company.
Insurance companies may not leave you with much choice but to file a personal injury lawsuit.
They can be stubborn in the claims process or may deny your claim altogether. Insurance companies may also insist on blaming you for the accident; even partial blame for what happened can substantially reduce your compensation.
Regardless of why you must go to court, it is always your decision about how and where to seek financial compensation. The insurance company claims process is always optional. However, you must also know that you are taking some risks when you file a lawsuit in court instead of attempting to negotiate a settlement agreement. You must meet your burden of proof and demonstrate that the defendant was the negligent party. If you do not carry your burden of proof (showing negligence by a preponderance of the evidence) to the jury’s satisfaction, you may not get any money.
In any personal injury lawsuit case, it is essential to consult with an attorney. A skilled lawyer will evaluate your case, gather necessary evidence, and determine the best legal strategy to pursue. They will also handle all communication with insurance companies and negotiate on your behalf to ensure you receive fair compensation for your injuries.
If you suffered injury in car accident due to someone else’s negligence always consult a skilled Tupelo car accident lawyer to protect your rights and bring justice to your case.
The Beginning of the Lawsuit Process
You cannot go to court immediately to file a personal injury lawsuit. Instead, you must file a strong enough complaint to allow your case to make it to the latter stages of litigation. Your personal injury attorney will have to do a fair amount of preparation before they even open the lawsuit process on your behalf.
Before your personal injury lawyer files the lawsuit, they must investigate what happened and gather evidence to prove your claim. You may not have all the evidence available at the beginning of the case, but your personal injury lawyer must have sufficient command of the facts to state a claim for legal relief.
Then, you must also know how much you are asking for in compensation in the lawsuit. It may take some time to estimate the amount of your damages, and your personal injury attorney will have to wait until you reach the point of maximum medical improvement to get a handle on your damages. You may need several surgeries and rehabilitation first before you even know the extent to which you may recover from your injuries.
Filing in Court to Begin the Lawsuit Process
Once your personal injury lawyer can, they will draft a legal complaint, and this document will set out the facts of your case. Your personal injury attorney will then state each of the legal grounds that entitle you to relief and make the defendant liable. Your personal injury lawsuit may seek specific damages for your injuries. After your personal injury attorney drafts and has you sign the complaint, they will file it with the court. The case begins when the defendant receives the papers, giving them time for due process.
The defendant will also have their say, and they have 30 days from the time they receive service of process to file an answer to your complaint with the court, and in some cases, they can seek an extension to this deadline. The defendant will respond to the facts you have alleged point-by-point. Here, they may deny the allegations you have made entirely, or they will give their versions of the facts. They may also plead one or more affirmative defenses in response to your case, meaning that even if the allegations are true, there are still reasons why the defendant should not be liable. The passing of the statute of limitations is one example of an affirmative defense.
Before the case proceeds any further, the defendant may also try to have the court dismiss the case for various reasons. They may argue that your complaint fails to state a claim that entitles you to relief. Alternatively, they can seek dismissal on the grounds of the statute of limitations, and the court will give them a chance to respond to any motions for dismissal before ruling on them. It is relatively rare that a court will dismiss your case entirely because there is a public policy interest in giving accident victims their day in court.
The Discovery Process Is a Crucial Part of Your Personal Injury Lawsuit
Assuming that your case proceeds beyond the motion to dismiss stage, you will reach the most critical stage of your lawsuit. The discovery process is when each side can seek evidence from the other party. This process is highly detailed and can make or break your case. You often only begin a personal injury lawsuit with some of the evidence you may need to prove your case. The rest is in the hands of the other party, and you have a right to access it.
There are numerous ways that you can gather facts during the discovery process. The first way is by asking a series of questions to the other party, and they must answer truthfully. Your personal injury lawyer will set a set of questions called interrogatories that address certain factual matters concerning your case, and the defendant will need to respond to each of these questions. Another way to gather factual evidence is to send Requests for Admission, asking the defendant to admit to specific facts.
You also have the legal right to physical and documentary evidence that may be in the hands of the defendant. Plaintiffs often seek records, such as emails and text messages. For example, suppose you are filing a product liability lawsuit. In that case, you want emails and corporate communications from the employees involved in the design and manufacture of the product that can show that they knew of defects.
You May Have to Give a Deposition as Part of Your Case
Depositions are another crucial part of the personal injury lawsuit process, where the opposing counsel interviews witnesses. The purpose of depositions is twofold; you want to hear a witness’ story in their own words, and you also want to lock down their testimony before trial. If one testifies in court in a manner inconsistent with what they said at their deposition, it can be detrimental to their credibility, and the court may not allow their testimony.
Just like your personal injury lawyer can depose the other party’s witnesses, you may also have to give a deposition. Here, the opposing party will see what kind of witness you make in court. It can strengthen your case if you can credibly and persuasively answer the questions they ask.
Personal Injury Lawsuits May Settle Before They Reach Trial
After the discovery process closes, each party may take stock of the strength of their case. The two parties may have already had settlement negotiations along the way, and at this point, these negotiations may intensify. A personal injury case rarely reaches a trial, and only a handful of cases will end up in front of a jury. The overwhelming majority of personal injury lawsuits will settle at some point.
Your case will only go to trial if a settlement agreement is no longer possible. At that point, your personal injury lawyer will present the evidence to the jury as witness testimony. You will have a certain number of days to present your case, and the defendant will receive a similar amount of time. At the conclusion of the trial, the jury members will deliberate (if you have requested a jury trial instead of a bench trial), and they will issue a verdict in your case. If you have won your case, the defendant can appeal the ruling, or the trial judge may review the damages amount to affirm or reduce it. Then, an appellate court may also hear arguments about why the jury did not reach the correct result (although the jury does receive some deference as the finder of facts in your case).
Why You Need a Personal Injury Lawyer for Your Case
You need a personal injury attorney representing you in the lawsuit process; it is challenging to put up a strong legal showing for yourself when you try to handle your case independently. Insurance companies have hired defense lawyers who are familiar with cases like yours. These lawyers want to do their best to please the insurance companies so they can receive even more work from them.
Your personal injury attorney will give you strategic advice throughout the process, including about whether you should even sue in the first place. You may need to make key decisions in your case, and you will do so with the advice of your personal injury attorney. If the insurance company’s lawyers need to question you in a deposition or cross-examined at trial, your personal injury lawyer will be there to defend you.
Get Legal Help Immediately After You Have Suffered an Injury
You must contact a personal injury lawyer right after your accident for maximum options. A personal injury attorney needs time to see if reaching a settlement with the insurance company is possible and to prepare your case for litigation effectively. You do not need to pay a lawyer out of your pocket for the entire time your case is pending. In fact, you will not have to give your lawyer anything at all unless you win your case. The same thing holds true even if your personal injury attorney spends all the time necessary to prepare for your trial and argue your case in court.
When you hire a personal injury attorney for your case, they work for you on a contingency basis. The only thing that triggers your legal obligation to pay them anything for their time and services is when you receive compensation for your injuries. In that event, your personal injury attorney has the right to a portion of the money you receive, and they will take their payment directly from those funds. Otherwise, you do not owe a personal injury attorney a single dollar for their services if you do not win your case, making hiring a lawyer risk-free.
In a personal injury lawsuit, having an experienced attorney who can handle the legal system and fight for your rights is crucial. They will advocate for you, ensuring you receive the compensation you deserve for your injuries, medical expenses, lost earnings, and pain and suffering.
Dealing with a personal injury lawsuit can be overwhelming, but with the help of an attorney, you can focus on your recovery while they take care of the legal aspects of your case. Do not hesitate to seek legal representation if you have suffered an injury due to someone else’s negligence. Your personal injury attorney will support and guide you every step of the way to ensure you receive the justice you deserve.
