Unless Your Injuries Were Very Minor Or Could Be Settled Outside Of Court, Then It Is Wise To Have A Good Personal Injury Attorney By Your Side To Help You Through This Complicated Process.
Simply stated, a personal injury lawsuit is a legal action, brought in court, by someone who has been injured either physically or emotionally by another person. This is usually from an accident, fall, or product malfunction. Though, there are several reasons why a personal injury case can be brought forth, by way of negligence. There are many phases to a personal injury lawsuit, and it's often difficult to predict how tedious and how long it will take to resolve a case.
The Personal Injury Accident
When an accident occurs, it is important to record as much data as you can about the circumstances of the accident, including facts about the other party.
For example, if you are in a car accident, you may want to call the police to have them file a police report. If possible, take photos and videos of the scene and the damage it has caused. If possible, get the names and contact information of any witnesses that may be helpful in your case later on. Seek medical attention soon after the accident to have your injuries assessed and recorded by a doctor.
These details will help you and your personal injury attorney (if you choose to hire one) determine key factors, such as fault and amount of damages when it is time to file a claim.
Contacting a Personal Injury Attorney
Unless your injuries were very minor or could be settled outside of court, then it wise to have a good personal injury attorney by your side. The lawyer can help you gather key pieces of evidence and provide valuable advice on how to approach the situation. Under no circumstances should you talk to the other party's attorney, their insurance company, or sign any documents before first talking to your attorney.
Drafting the Demand Letter
If you believe you are entitled to compensation due to the injuries you sustained because of the other party's negligence, your personal injury attorney will send a demand letter to the other party, their attorney, or their insurance company.
The letter will state relevant facts about the accident, describe your injuries, and ask for a specified amount for settlement. The letter will also give them a deadline to respond.
Filing a Personal Injury Lawsuit
If your case is not settled, the next step is to file a lawsuit. The person filing is called the plaintiff and the document you file is called a complaint.
The party being sued is called the defendant. The defendants have a specified amount of time to respond, or answer. All documents are filed with a local court that the plaintiff usually chooses. In some cases, however, a defendant may ask to have the lawsuit moved to a different court.
Discovery
After the lawsuit has been filed, the parties then have the opportunity to get information from each other about the case. This can be in the form of written questions, sworn testimony in front of a court reporter, or set as requests for documents and such.
For example, if the plaintiff was injured in workplace slip and fall, he may want to find out from the defendant (employer) if there had been other injuries similar to his. If so, he can provide evidence that the employer was not providing a safe workplace and should be held liable.
The defendant (employer) may want to know if the plaintiff (employee) had been injured before the accident. If so, the plaintiff will lose credibility and possibly the case itself.
Pre-trial Motions
Before the case goes to trial, both parties' attorneys may make legal arguments, known as motions to the court. They may bring up concerns about the adequacy of the complaint or answer, disputes about discovery, or argue that one party's case is so strong that he is entitled to damages without going to trial.
Settlement Conference and Mediation
When the case is finally ready for trial, many courts require the attorneys to meet with a judge for a settlement conference to try to reach an agreement. Some courts refer the parties and their attorneys go to mediation to try to reach settlement before trial.
Trial
If settlement and mediation fail, the case wil go to trial before a judge or jury, depending on what the plaintiff chooses. There, the parties will present witnesses, cross-examine each other, show evidence, and make arguments. After this is all said and done, the judge or jury will enter a verdict for either the plaintiff or the defendant. If it is in favor of the plaintiff, then the judge of jury will decide on the amount of damages.
In some cases, both parties will go to arbitration, which is similar to a trial but conducted before an arbitrator or panel of arbitrators. It is as final as the trial court's verdict and is usually less expensive and quicker than litigation.
Both parties may agree to enter arbitration or may be required to go to arbitration if their contract binds them to it.
Why Hire a Personal Injury Attorney?
As you can see, the process of filing a claim and going to court can be very complicated. You need to right kind of representation. The San Diego personal injury attorneys at the Jurewitz Law Group will see you through the process and make sure you are taking the right steps to get the damages you need and deserve. Call our personal injury law office at 888-233-5020.
Have you been injured in an accident in San Diego or anywhere in California and don't know what to do next? We are here to help and provide you with the important and relevant information you need to make an informed decision about:
- How to handle your personal injury claim
- Who is the right injury accident attorney to help you with your case, and
- Whether you even need to hire a lawyer to help you with your insurance claim
Call the Jurewitz Law Group at 888-233-5020 to order one of our free California personal injury books to get the information you need or to set up a free consultation with one of our experienced San Diego personal injury attorneys.
