What follows is a basic summary of the stages of a personal injury case.
Selecting an attorney
If you have been injured and are considering filing a personal injury claim, your first course of action should be hiring a personal injury lawyer. When you meet with an attorney for the first time, they will collect information regarding your injuries and likely ask you questions about yourself. It is important to answer their questions as honestly and openly as possible, even if they are somewhat uncomfortable. Allowing your attorney access to the most precise details of your case will give them a goodchance at resolving your claim.
Your lawyer will be interested in the medical treatments you’ve received for your injuries, information on other parties involved in the accident, whether there are potential witnesses to your accident, and what contact you’ve had with your insurer, among other things.
Filing your Lawsuit
When you have met with and hired a personal injury lawyer to take your case, your first step will be to file your complaint, which provides an outline of the case.
“The complaint,” explains FindLaw.com, “is a document that identifies the parties involved, sets out the legal basis for the court’s jurisdiction over the controversy, states the plaintiff’s legal claims, and relates the facts giving rise to the claims.”
While a complaint notifies the defendant of the plaintiff’s bases for the case, a summons is an order from the court letting the defendant know that they have been sued. The defendant will reply in an answer, which responds to the plaintiff’s claims and perhaps outlines a defense.
Besides these basic examples of the paperwork that goes into a personal injury claim, your case may involve many more exchanges.
Discovery
Both sides of a lawsuit have a right to all relevant facts and documents the other side may possess. Discovery is the practice of filing documents and depositions, of which there may be many. Especially in more complex personal injury cases, such as medical malpractice claims, the discovery process can be lengthy and frustrating.
It is important that you communicate the facts of your case with as much honesty and openness as possible in order to give your personal injury lawyer a chance at successfully resolving your case.
At this point, your case will be either be decided by a settlement or filed motion, or will head to trial. We’ll cover these topics in our next post.
If you or a member of you family has suffered an injury and are think about initiating a lawsuit, it is important that you contact an experienced personal injury lawyer as soon as possible. Neinstein Personal Injury Lawyers offers free consultations that will help you evaluate your potential claim.