When you are injured in an accident, you may be wondering if you should pursue an injury lawsuit. Injury lawsuits are not as common as other types of lawsuits, so many people don’t know what to expect.
Most personal injury cases don’t go to trial as the vast majority of personal injury lawsuits are resolved through settlement negotiations.
This process should not be stressful; in fact, most people are pleasantly surprised by how easy the personal injury claim process is. Let’s take a closer look at the lawsuit timeline so you can be fully prepared.
Choosing a Personal Injury Lawyer
First, you need to choose an adequate personal injury lawyer.
Ask friends and family for referrals. If they have had a good experience with a personal injury lawyer, they will be happy to recommend him or her to you.
You can also look online for reviews of personal injury lawyers in your area. Be sure to read both the positive and negative reviews, as this will give you a better idea of what to expect from the lawyer.
Evaluating Your Lawyer
Once you have narrowed down your list of potential personal injury lawyers, schedule a consultation with each of them. This will allow you to ask questions and get a feel for whether or not the lawyer is a good fit for you.
Some questions you can ask are:
- How much experience do you have with injury lawsuits?
- What is your success rate?
- Can you give me some examples of cases you have won?
To identify the best candidate, choose who you feel you are the most comfortable with and who seems to have the best chance of winning your case.
Understanding How Your Lawyer Gets Paid
If you’ve been injured in an accident and decide to file an accident lawsuit, it’s important to understand how your lawyer gets paid.
Typically, lawyers work on a contingency basis, which means they don’t get paid unless you win your case. This can be a good thing, as it means you don’t have to worry about paying your lawyer if you lose.
However, it’s important to be aware of the potential drawbacks of working on a contingency basis. For example, if your case takes a long time to resolve, you may end up paying your lawyer’s fees out of pocket.
It’s also important to make sure you understand your lawyer’s fee agreement before signing anything. This will help ensure that you’re aware of how much you’ll need to pay your lawyer if you win your case.
Examining Your Case
Before filing an accident personal injury lawsuit, it is important to examine your case thoroughly. There are several factors that you will need to consider, including the following:
- The nature of your injury.
- The extent of your injury.
- The parties involved.
- The insurance coverage available.
- The applicable law.
If you are considering filing a lawsuit, it is important to consult with an experienced injury lawyer. An injury lawyer can review your case and help you determine whether you have a valid claim.
Try to Settle Your Case Before You File a Lawsuit
In many cases, accident victims can settle their injury claims without ever having to file a lawsuit. This is especially true if the injuries are minor and the lawsuit insurance company believes that the victim will receive a fair settlement offer.
To settle your bodily injury claim, you can negotiate with the insurance company on your own or have an attorney do it for you. Most accident injury settlements are reached through negotiations and only a small amount of injury claims actually go to trial.
However, if you are unable to negotiate a settlement with the insurance company or they refuse to offer a fair settlement, you may need to file an injury lawsuit.
Bringing a Lawsuit in Court for Mediation
To bring a lawsuit in court for mediation, there are some steps you need to take.
First, you will need to file a complaint with the court. This document will state your reasons for bringing the lawsuit and list the damages you are seeking. You will also need to provide evidence of your injury, such as medical records or witness testimony.
Once your complaint is filed, the court will set a date for a hearing. This hearing will determine whether the case should proceed to trial or be resolved through mediation.
If the case is resolved through mediation, both parties will meet with a mediator who will help them reach a settlement agreement. If the parties cannot reach an agreement, the case will proceed to trial.
Taking the Case to Court
Once your injury lawsuit goes to trial, your lawyer will represent you in court. During this process, they will make arguments on your behalf, question witnesses and try to get a favorable verdict for you.
To start, your lawyer will likely begin by questioning the defendant. They will ask why they caused the injury, how it happened and what damage was done as a result.
Next, your lawyer will call witnesses to the stand. These could include eyewitnesses to the injury, medical professionals who treated you or experts who can testify about the costs of your injury.
Finally, your lawyer will give a closing argument. This is their last chance to make an impression on the jury and convince them to rule in your favor.
Filing a personal injury lawsuit doesn’t have to be scary — you just need the right lawyer on your side.
Kevin Sandel at Sandel Law Firm knows the ins and outs of personal injury lawsuits and will make sure you get the best settlement possible.
Contact us today for a free consultation, and let us help you take the first steps towards getting the compensation you deserve.