A personal injury case is one in which an injured individual can seek compensation when he or she has been hurt due to the intentional or negligent action of another person or party. There are a number of situations that can form the basis of a personal injury case. If you ever find yourself to be a victim of personal injury, you can get a respite by following the legal route. But many people hesitate from going the legal way as they are not aware of it. In this article, we tell you about the different stages of a personal injury case.
Seeking immediate medical attention and care
When you become a victim of personal injury, the first thing to do is to seek proper medical care immediately. There are two reasons for doing so. First, your health will benefit from the medical attention. Second, when you make a claim, the defending party’s lawyer cannot argue that you weren’t injured seriously or your injuries were not linked to the accident. Remember to document each part of the medical care procedure, such as diagnoses, prescriptions, treatment, etc. Also, do not forget to maintain a record of all the bills and payments you make for your treatment.
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Reaching out to a personal injury lawyer
Technically, you do not need a lawyer to claim compensation for your injuries. But practically, it’s always better to seek the advice of a lawyer in such cases. It becomes all the more important to get in touch with an experienced lawyer if your injuries are of a serious nature or your claim involves a large amount. Generally, personal injury lawyers do not charge any fee for the initial consultation. If the lawyer tells you that you have a viable case, you can then decide on hiring the lawyer for your representation. You can even opt for law firms like Rick Nehora’s firm that are dedicated to personal injury cases.
Getting a review done of your case
court settlement, he or she will be making a demand after deciding how much you can claim for your injuries. Normally, lawyers determine this amount after the victim reaches maximum medical improvement (MMI). When your lawyer chooses to make the demand after your reaching MMI, he or she gets the chance to set the demand at the maximum level. But a lawyer may make the demand even before you reach MMI if you are in a hurry to receive the compensation.
Negotiating the demand
Once your lawyer makes the demand, then both parties can sit together and negotiate the amount that will be acceptable to both sides to settle the case out of court. If the negotiations fail, your lawyer may decide to go ahead with a lawsuit.
Filing a lawsuit and Discovery
When your lawyer opts to file a lawsuit, a process called Discovery begins. This is the stage in which lawyers from both sides question each other and even the third parties regarding the defenses and claims. They can also collect statements from the involved parties and witnesses.
Going to settlement or mediation
When the lawyers are unable to resolve a case by themselves, they go to mediation. In mediation, both the parties present their cases to a mediator to resolve it. The mediator is an impartial lawyer who helps to settle the case. If the mediator fails to bring about a settlement, your lawyer can then move to trial.
Trial in a court of law
This is the final stage of a personal injury case. In this stage, all the facts of the case are presented in front of a judge or jury. The trail can be a lengthy process. The results of a trial are binding on both the parties. Once the result is declared, you can receive your compensation depending on the judgment passed.
