Want to File a Personal Injury Lawsuit? Follow the Steps Below.
If you get injured from a slip and fall or any other accident that was not your fault, you should consider filing a personal injury lawsuit. The lawsuit can help you in getting money to pay your medical bills, lost wages and many more. Up to 95% of personal injury cases don’t reach to the court room, both parties agree to settle out of court. The steps below can be of great help, in case your personal injury case goes to trial.
Ensure you have a personal injury lawyer based in your area. There are over 100,000 personal injury lawyer. 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. At this stage, the lawyer should know if your case is strong or not. A good lawyer should have reports from the police, compile statement from the police and your medical bills. A good lawyer should find out about the defense of the other party.
If the lawyer considers your case to be strong, they will create a demand letter. The letter should have the framework of your case and how much you want the opposing party to compensate you. The injuries sustained and the medical bills you have used should be incurred in the demand letter. 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.
Your lawyer will need to file a personal law suit, if the other party doesn’t want to settle.
Your case going for through mediation and discovery before it goes to trail is a requirement. 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. It is important you choose a mediator that is good with mediation, so that you can come to a settlement.
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. They will decide which party should be compensated and how much.
It is the right for the losing side to file for appeal, if they are not okay with the outcome of the case.
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