Have you been injured and wondering how a personal injury lawsuit works?
If not then this article is for you. In this article, you will learn about personal injury lawyers and how a personal injury lawsuit works.
Most people often assume that the second you hire an attorney, someone or another gets sued. It may be the case in some instances. Generally, most patients will settle with the insurance company before any case gets to a lawsuit. But it is not necessary to happen in all cases. This is where the personal injury lawyer comes to play a critical role.
So let us start by first talking about personal injury lawyers.
Personal Injury Lawyers
A personal injury lawsuit is a civil lawsuit filed by an injured person against the person or entity responsible for their injuries to recover damages. On the other hand, personal injury lawyers are those who represent people who have been injured, either physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity in the court.
Unfortunately, if you met with an accident or got injured due to someone else’s negligence, then you become eligible to file a personal injury lawsuit. The personal injury lawyer will investigate the case, gather evidence, file the lawsuit on your behalf and help you get the compensation you deserve.
There are a variety of fee arrangements that personal injury lawyers use to charge for their services. The most common fee arrangement for such lawyers is the contingency fee. It means that the lawyer will take a percentage of the settlement. The contingency fee percentage can range from 25% to 40%.
One should always try to hire an experienced personal injury lawyer who will be able to help you navigate the legal process. There are many reasons why it is essential to hire an experienced personal injury lawyer. One of the most important reasons is that an experienced lawyer will likely have a better understanding of the law and will be able to navigate the legal system more effectively.
Additionally, an experienced lawyer will likely have a network of contacts that can help get the case resolved.
Finally, an experienced lawyer will likely be more familiar with the insurance companies and how to negotiate a fair settlement.
Things to Remember Before Going For A Personal Injury Lawsuit
Here are six things to remember for going for a personal injury lawsuit.
- Hire a personal injury lawyer who can help you with your case and give you some good suggestions.
- Don’t forget to file a police report as it will be helpful in your case.
- You can also take help from an online personal injury lawyer.
- If you have any medical bills or other expenses related to your injuries, keep all the records and receipts with you.
- Take some time to understand the personal injury laws of your state.
- Be patient and do not try to hurry things up. Let your lawyer do his/her job and follow their advice.
So let us move forward by learning about the working of a personal injury lawsuit.
Steps in a Personal Injury Lawsuit
After being hired, the first step of the lawyer is to meet his client and discuss the accident and injuries. The lawyer will then investigate the accident and gather evidence. It may include talking to witnesses, reviewing police reports, and obtaining medical records.
The lawyer will then assess the strength of the case and determine whether or not to take legal action. He can also go to the driver or the insurance company to ask them to compensate you for your loss. But if both of them will deny it, then the client should prepare himself to follow the following steps included in the personal injury lawsuit.
Step1. Filing a Complaint- The first step in a personal injury lawsuit is usually filing a complaint, or a petition, with the court. Here the accuser files a complaint, a formal document that starts the lawsuit and is served on the defendant.
Step2. Service of the Process- Once the complaint is filed, the next step is to have the complaint served on the defendant. It is the responsibility of the accuser to locate the defendant. Once the defendant is located, then the accuser has the right to have the complaint served on him/her. It is done by a process of certified mail with a return receipt requested, restricted delivery.
Step3. Answer- Once the complaint is served, the defendant gets 20 days to file an answer to the complaint. If the defendant does not file an answer, the accuser can ask for a default judgment.
Step4. Discovery- After the answer is filed, both sides will engage in the discovery process. It is when each side can request information and documents from the other side. It is done through written questions (interrogatories), requests for the production of documents, and depositions.
Step5. Trial- If the case does not settle during discovery, the next step is to go to trial. The trial will be before a judge or jury who will hear evidence and arguments from both sides. After deliberating, the judge or jury will render a verdict.
Step6. Judgment and Appeal- After the verdict is rendered, the court will enter a judgment. It is the legal decision in the case. If either side is unhappy with the judgment, they can file an appeal.
Step7. Collecting the Money– If the client wins at trial or the other side appeals and loses, the client will be entitled to collect the money awarded by the court. The lawyer will help the client collect the money.
After the lawyer has helped the client collect the money, the lawyer will be paid his or her fee. Here, the lawyer will usually charge a percentage of the money collected either by contingency or hourly. But If the insurance company is at fault then the lawyer will be reimbursed for any costs incurred during the case by the insurance company. But, if the driver is at fault the lawyer will be paid by the driver.
If you or a loved one has been injured due to the negligence of another, it is important to understand the steps involved in a personal injury lawsuit. By knowing what to expect, you can be better prepared to protect your rights and interests. The personal injury lawsuit process can be complicated for you. But understanding the basics can help you feel more confident about your own or your loved one’s case.
But if you have been injured in an accident, it is important to speak to an experienced personal injury attorney to discuss your legal options. An experienced personal injury attorney will help you in pursuing the compensation you deserve.