Personal injuries are not only painful, but they can also be a hassle that you would not have to deal with if the responsible party had acted responsibly and not recklessly. This is often the most frustrating aspect of being a victim to a personal injury.
Many people find themselves in difficult situations, where they can’t work or perform their jobs while also trying to pay ever-increasing rehabilitation and medical costs. This can be doubly frustrating if your family is dependent on your income.
It is helpful to understand the personal injury process in order to determine when you might be eligible for compensation:
- Locate a Personal Injury Attorney – Finding a competent personal injury attorney for your case is the first step. Before you schedule your initial consultations, it’s worthwhile to research potential attorneys and do your homework. Money is an important factor.
- Evaluation of an Injury – The next step is to evaluate your injury and determine the long-term consequences. It can take several months to determine the extent of your accident injuries and their potential long-term consequences. This depends on the type of injury. It is important not to rush this step.
- Exploratory Negotiation Talks – After the injury has been evaluated thoroughly and all costs, including lost wages, have been calculated, your attorney can contact the insurance company of the defendant to start negotiations.
- Filing a Civil Court Complaint – If initial negotiations fail to produce a satisfactory settlement offer, your attorney will file a civil suit. If you do not reach an agreement, your attorney will file a civil lawsuit. The complaint will detail the accident and the defendant’s alleged culpability.
- Discovery Phase – Each party has the right to access all information concerning the case. Attorneys will exchange disclosure statements that contain comprehensive lists of witnesses and any experts who will be called as witnesses. They will also include all facts. Interrogatories is the legal term for written questions that you are required to answer under oath.
- Motions – Arbitration and mediation are always valuable steps. It is generally in everyone’s interest to reach a settlement prior to a trial starts. This will save money for both parties and allow you to receive a settlement faster than if you had to go through a whole trial with all its attendant costs.
- Test – If mediations and negotiations fail to produce a settlement agreement, the case will be brought to trial. It may be heard by a jury, or just a judge depending on the type and nature of the trial. The judge or jury will decide on your culpability, and award you the appropriate monetary damages.
After the trial ends, the losing side can appeal the verdict.
Summarized from an article by Ashton Prince.
