A personal injury case is when 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. Several situations 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 immediately seek proper medical care. There are two reasons for doing so. First, your health will benefit from 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 dedicated to personal injury cases.
Getting a review done of your case
After you have hired your lawyer, he or she will review your case thoroughly. This is the stage where you need to share with your lawyer every detail about the case. Do not leave out any minute detail. You may think them to be not related or not important enough for the case. But your lawyer may find the information to be useful. Right from the accident details to the medical treatment and expenses, reveal everything. Your lawyer will review this information and then decide whether it will be better to make a demand and go for a court settlement or file a lawsuit.
Making a demand
In case your lawyer decides to go for an out of 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, both parties can 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.
The trial in a court of law
This is the final stage of a personal injury case. In this stage, all the case facts 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.