If you’ve been injured due to thenegligence or outright actions of someone, you may wish to pursue a personal
injury lawsuit. After all, why should you have to foot the doctor bills and
deal with the stress of injury when someone else is to blame? Going through
with a personal injury lawsuit does not have to be complicated, but these types
of cases do follow a certain procedure. Knowing what’s to be expected when you
go forward will relieve any anxiety you may have about pursuing a case.
Consult
a Lawyer
a Lawyer
This is step one to take when you feel you
have a viable tort claim to file. Be prepared to tell your attorney the details
of what happened regarding your accident
or injury. A great personal injury attorney will ask you
certain questions during a consultation. Be prepared with information about
medical treatment you have sought, potential witnesses or others who may have
been involved or hurt. The attorney will ask you about your insurance coverage.
There may also be a form to sign authorizing the release of medical information
from doctors or hospitals. If you come to your consultation prepared with this
information, it will save you time.
have a viable tort claim to file. Be prepared to tell your attorney the details
of what happened regarding your accident
or injury. A great personal injury attorney will ask you
certain questions during a consultation. Be prepared with information about
medical treatment you have sought, potential witnesses or others who may have
been involved or hurt. The attorney will ask you about your insurance coverage.
There may also be a form to sign authorizing the release of medical information
from doctors or hospitals. If you come to your consultation prepared with this
information, it will save you time.
Your attorney may ask you to sign a
retainer contract or representation agreement, which you can take home to study
before signing.
retainer contract or representation agreement, which you can take home to study
before signing.
If you have an attorney on board to
represent you, he or she will file initial court papers, called a petition, to
begin a lawsuit. A summons will go out to the defendant of the suit.
represent you, he or she will file initial court papers, called a petition, to
begin a lawsuit. A summons will go out to the defendant of the suit.
Fact-Finding
Now the attorneys on both sides will get
to work on obtaining all the relevant facts that pertain to your case. This may
involve depositions or sworn statements, documents, and any other disclosures
that can be obtained during this process called “discovery.”
to work on obtaining all the relevant facts that pertain to your case. This may
involve depositions or sworn statements, documents, and any other disclosures
that can be obtained during this process called “discovery.”
Motions
and Settlements
and Settlements
Some personal injury suits never make it
to trial. A court motion may decide your case, such as a summary judgment, a default judgment or a sua sponte
dismissal. The most likely outcome, however, will be a
settlement before your lawsuit goes to trial. A settlement can be negotiated
between you and the defendant or insurance company. This likelihood should be
discussed with your attorney beforehand. Consider the strengths of your case
with your attorney in terms of a jury verdict. Just recently a jury in New
Jersey awarded $3.5 million to a woman who was injured in a car accident. Your
lawyer will consider the possibility of winning at trial as opposed to
settling.
to trial. A court motion may decide your case, such as a summary judgment, a default judgment or a sua sponte
dismissal. The most likely outcome, however, will be a
settlement before your lawsuit goes to trial. A settlement can be negotiated
between you and the defendant or insurance company. This likelihood should be
discussed with your attorney beforehand. Consider the strengths of your case
with your attorney in terms of a jury verdict. Just recently a jury in New
Jersey awarded $3.5 million to a woman who was injured in a car accident. Your
lawyer will consider the possibility of winning at trial as opposed to
settling.
Jury
Trial
Trial
Here is what you can expect to happen
should your case go to trial. First, the attorneys on both sides will choose a
jury. At the trial, there will be opening statements, witness testimony,
cross-examination, closing arguments and jury instructions. The case then goes
to the jury who will deliberate and come back with a verdict. There are a
number of ways to ensure you collect the monies due you and you may need your
attorney’s advice on how to proceed once the case is won.
should your case go to trial. First, the attorneys on both sides will choose a
jury. At the trial, there will be opening statements, witness testimony,
cross-examination, closing arguments and jury instructions. The case then goes
to the jury who will deliberate and come back with a verdict. There are a
number of ways to ensure you collect the monies due you and you may need your
attorney’s advice on how to proceed once the case is won.
