Filing a personal injury lawsuit is necessary sometimes, especially if you got injured by someone else. You want to make sure that all costs related to your medication, surgery and so on are covered by the party at fault. However, filing a personal injury lawsuit can be overwhelming and time-consuming, which is why you want to have a legal expert with you at all times.
What’s the purpose of a personal injury lawsuit?
Usually, you file a personal injury lawsuit because you were harmed by another person, either intentionally or by mistake. The primary focus of a personal injury lawsuit is for you to receive financial compensation/damages that will cover your financial, physical and emotional losses. Some of the common losses include emotional distress, property or physical damage, loss of enjoyment of life, lost wages and so on.
Consulting with the personal injury lawyer
The first thing you want to do is to find the best Greenville personal injury lawyer that can assist you with this process. The attorney will listen to you, establish a legal strategy and let you know what the potential outcomes might be. You will also sign a representation agreement, which features the attorney fees, scope of representation, expectations and responsibilities.
Building the foundation for your case
Your lawyer will start gathering all the necessary evidence that helps support your claim. The evidence can vary, but usually it includes police reports, medical records, statements from witnesses, photos/videos and testimonies from experts. Before filing the lawsuit, the attorney will also send a demand letter to the party at fault. The letter will describe your injuries and the accident, while outlining expenses and damages you suffered.
Filing the lawsuit
Naturally, the demand letter is designed to show what costs incurred, and then a settlement could be reached. If that’s not possible, then the attorney will go ahead and file the lawsuit. The lawsuit will include names for all parties involved, your legal claims, requests for any specific damages, it will also describe how the defendant’s actions led to injuries on your side.
After that, the lawsuit enters the discovery phase, where both sides will exchange information in an effort to better understand the case. There will be interrogatories and requests for documents. Depositions will also be a part of the lawsuit, because witnesses get questioned by attorneys. And on top of that, the defense might also require you to be examined by a third party doctor, or one of their doctors.
Settlement offers can appear from the defendant, depending on the situation. However, it’s important to not accept any offer. That’s why you have an attorney, so they can represent your property and you receive the best possible settlement. Some insurance companies will try to offer very low settlements, to see if those stick. Sometimes they do, other times they don’t.
Presenting the personal injury case to court
If there’s no settlement agreement, the case will go to court. The first step here involves selecting a jury. Both parties will have opening statements, and that’s followed by presentation of evidence, with the plaintiff being the one presenting first. Once that process is finished, the attorneys will summarize their arguments, and they will focus on persuading the jury to side with their own client. The jury will figure out who is at fault and then, they will deliver the verdict.
What happens after the personal injury lawsuit?
Even if the trial is over, there are still other things you can focus on. For example, either party can choose to file an appeal. That can be possible if any of the parties thinks legal errors affected the outcome of the trial. These appeals can delay the trial’s resolution for a while, sometimes even months or years.
If you win and there are no appeals, you can go ahead and collect the money. Depending on the case, there are different ways to collect your money. You might set up structured payments, or maybe you can enforce the judgment if the defendant somewhat refuses to pay. Or, if you’re dealing with the insurance company, they will issue a check that you can receive and cash in right away.
Closing thoughts
A personal injury case can take anywhere from 1 year to 3 years. It’s a time-consuming process, and that’s why you want to have the best personal injury lawyer by your side. It will help streamline the process, while avoiding the emotional toll that could arise from trying to manage things on your own.It’s a complex legal process that can be very difficult to navigate on your own. That’s why it comes as highly recommended to work with a Greenville personal injury lawyer, so you can avoid any unknown mistakes, and just focus on results. Once you learn more about filing a personal injury and how the process takes place, you’ll see how important it is to have a professional represent you in court!
