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The Stages Of A Personal Injury Claim

If you have sustained injuries because of another person's negligence, you can claim damages from the at-fault party. The personal injury claim process can be long and complicated, hence the reason why people are advised to hire personal injury attorneys. Here are some main steps involved in making a personal injury claim.

Determine the Validity of the Case

To start the process of making a personal injury claim, your lawyer must determine whether your case is valid. You need to prove that you sustained injuries because of negligence by another person. Your injuries must be significant enough to warrant damages. 

Your personal injury attorney will conduct an investigation to determine whether the defendant has insurance or sufficient assets to cater for a settlement or judgment. After your lawyer concludes that you have a viable case, they'll discuss with you their fee agreement.

Some attorneys work on a no-win, no-fee basis, which means you only pay them if they win. Make sure you're clear on the terms of legal representation before you move forward.

File the Personal Injury Lawsuit

The next step in the personal injury claim process is filing a lawsuit in court. If you fail to file a claim within your state's statutory limitation period, you lose the right to pursue the case. Personal injury lawyers know about the statutory limitations of different states and will file a lawsuit within the legal time limits of your state.

The pre-trial process will vary depending on your jurisdiction, but in most cases, it takes between one to two years for a personal injury claim to go to trial.

In the pre-trial period, both sides will request evidence and witness information from each other. Both sides will also schedule depositions. This is the discovery stage. There will be court proceedings to update the judge on the case. The case will also go through a settlement phase where both parties state their terms and conditions. If you accept the terms of a settlement, your case will not go to trial.

Trial

Your personal injury attorney will advise you regarding the terms of a settlement. If you fail to accept the terms, your case will go to trial. At trial, the judge or jury will decide whether the defendant is guilty. The judge will also review the plaintiff's losses and determine how much the defendant should pay out in damages.

If the trial isn't satisfactory, either side can file an appeal. After the defendant exhausts their appeals attempts, the losing defendant will be liable to pay the damages set at trial or during an appeal. Your success in the trial phase will depend on the strength of your case and your lawyer's prowess in the courtroom.

For additional information, contact a company like Siben & Siben LLP.