If you've suffered an injury in an accident that wasn't your fault, you may be thinking about filing a personal injury lawsuit to get money for your medical bills, lost earnings, pain and suffering, and other losses. A personal injury lawsuit can be a long process with many steps along the way. Having an experienced personal injury lawyer guide you through the process can make a huge difference in the outcome of your case.
Getting Medical Treatment
The first and most important thing to do after an accident is to get the medical treatment you need for your injuries. Don't delay getting checked out by a doctor, even if you think your injuries are minor. Some serious conditions like traumatic brain injuries or internal bleeding may not show symptoms right away. Follow your doctor's recommendations and attend all follow-up visits and therapy sessions.
Keep detailed records of all your medical appointments, treatments, and expenses. These will be key evidence to show the extent of your injuries and losses in your personal injury case. Suppose you're having trouble paying your medical bills. In that case, a personal injury lawyer can advise you on your options, such as using your health insurance, getting treatment on a lien basis, or including your bills in your legal claim.
Hiring a Personal Injury Lawyer
The next important step is to meet with a personal injury attorney to discuss your case. Look for a lawyer with a lot of experience handling cases like yours and a track record of success in getting good results for their clients. Most personal injury lawyers offer a free initial consultation where you can explain what happened and get their thoughts on whether you have a strong case.
A lawyer can handle all the legal aspects of your case so you can focus on your physical and emotional recovery. Trying to deal with complicated court rules and paperwork on your own is very stressful, especially when you're already dealing with injuries.
A lawyer knows to properly value your case and fight to get you maximum compensation: You might qualify for various damages you aren't even aware of. An attorney will gather evidence and consult with professionals to build the strongest case possible.
A lawyer knows insurance companies' tactics to minimize or deny valid claims: They can handle all communication and negotiation with insurers to protect your rights. Studies show that injury victims who hire a lawyer get significantly more money than those who try to settle independently.
If the insurance company refuses a fair settlement offer, a personal injury lawyer will prepare to file a lawsuit and take your case to trial if necessary. Having an attorney sends a message that you're serious about your claim.
Most personal injury lawyers work on a contingency fee basis, meaning you pay no upfront costs, and they only collect a fee if they win money for you. So, there's no risk in hiring a lawyer to fight for your deserved compensation.
Filing a Personal Injury Lawsuit
If your personal injury attorney believes you have a strong case, the next step is usually to file a personal injury lawsuit in court. This formally begins the legal process. The lawsuit will name the person or entity responsible for causing your injuries (the defendant) and state the facts of your case and the compensation you're seeking.
Sometimes, your lawyer may send the defendant a demand letter outlining your claim and damages before filing suit to try to reach a pre-lawsuit settlement. But if the defendant is unwilling to offer a fair amount, filing a lawsuit is necessary to preserve your rights and keep working towards a resolution.
There are strict deadlines for filing personal injury lawsuits, known as statutes of limitations. If you miss the deadline, you lose your right to sue, which can significantly impact your ability to seek compensation for your injuries. A personal injury lawyer will ensure that you file your case on time, guiding you through the process and helping you gather the necessary evidence to support your claim. They will also inform you about relevant deadlines, ensuring you don’t miss critical opportunities to pursue justice.
Learn more: How Does a Personal Injury Lawsuit Work?
The Discovery Phase
Discovery is the next major phase after you file a personal injury lawsuit. This is the fact-finding stage, where both sides exchange information and evidence about the case. The purpose is for each side to determine what facts the other side has to support its claims or defenses.
Common discovery methods include:
- Interrogatories: written questions the other side must answer under oath
- Requests for production: asking the other side to provide relevant documents
- Depositions: in-person questioning of witnesses under oath, with a court reporter recording what's said
- Independent medical exams: a doctor chosen by the defense examines the plaintiff
Your personal injury attorney will use the discovery process to gather evidence to prove the defendant was at fault for your accident and the extent of your injuries and losses. They may also hire expert witnesses like accident reconstruction specialists or medical professionals to provide opinions that support your case.
At the same time, your lawyer will comply with the defendant's proper discovery requests and prepare you if you need to answer questions or sit for a deposition. They'll be by your side every step of the way to protect your interests.
Mediation and Settlement Negotiations
As the personal injury lawsuit progresses and more evidence emerges, the two sides usually begin settlement negotiations. Most cases settle before trial. A settlement is a compromise in which the plaintiff agrees to drop the lawsuit in exchange for a payment from the defendant or their insurance company.
Settlement negotiations can occur informally between the lawyers or at a formal mediation session with a neutral third party serving as mediator. Your personal injury lawyer will handle the negotiations and advise you, but the ultimate decision to accept a settlement offer is up to you. Your lawyer will work to get you the best possible outcome.
There are pros and cons to settling a personal injury case vs. going to trial. Settling provides guaranteed compensation without the risk of losing at trial. Trials can be very long, stressful, expensive, and unpredictable. However, if the defendant isn't making a fair offer, your lawyer may advise that it's worth taking your case to court.
Going to Trial
If your personal injury case doesn't settle, it will proceed towards a trial before a judge and jury. A trial is the plaintiff's opportunity to present evidence and arguments for why the defendant should be liable. The defendant will present their case. Then, the jury will decide the outcome.
Trials have many phases, including:
Jury Selection
The first step in a personal injury trial is choosing the jury. During jury selection, also known as voir dire, potential jurors are questioned by the judge and lawyers to determine if they can be fair and impartial. The judge will excuse any jurors with clear biases or conflicts of interest. Then, each side's lawyer can use a certain number of "peremptory challenges" to remove jurors they think may be unfavorable to their case. The goal is to seat a jury that will listen to the evidence with an open mind and follow the law.
Having a personal injury lawyer experienced in jury selection and identifying which jurors may be most receptive to your case can give you an advantage from the start.
Opening Statements
Once the jury is seated, the trial begins with opening statements from each side's lawyer. The opening statement is a roadmap of the case, outlining the facts, evidence, and arguments you will present. The plaintiff's lawyer goes first, followed by the defense lawyer.
While opening statements are not evidence themselves, they are an important chance for your personal injury lawyer to make a strong first impression on the jury and frame your story in the most persuasive light. A powerful opening can set the tone for the rest of the trial.
Witness Testimony and Cross-Examination
The bulk of a personal injury trial consists of witness testimony. The plaintiff's lawyer will call witnesses to help prove the key parts of your case, such as:
- Eyewitnesses to the accident
- Your doctor will explain your injuries and treatment
- Expert witnesses to give opinions on fault or damages
- You, to tell your story firsthand
For each witness, your lawyer will ask questions to draw out the facts that support your case (direct examination). Then, the defense lawyer gets to ask questions challenging the witness's credibility or recollection (cross-examination). This back-and-forth questioning continues until both sides have called all their witnesses.
Having a skillful personal injury lawyer question witnesses and present your evidence in a clear, organized way makes all the difference in persuading the jury. Your lawyer will also prepare to strategically cross-examine the defense witnesses and highlight any inconsistencies in their story.
Closing Arguments
After you present all the evidence, each side's lawyer gets one final chance to speak to the jury in closing arguments. Your personal injury lawyer will use this opportunity to tie all the evidence together and argue why it supports a verdict in your favor. They may use visual aids, refer to key witness testimony, and explain the laws the jury must follow.
The defense lawyer will present their closing arguments. Then, the plaintiff's lawyer may get to give a final rebuttal argument. Closing arguments are the last thing the jury hears before deliberating, so having a personal injury lawyer who can deliver a strong, memorable closing is vital.
Jury Deliberation and Verdict
Once closing arguments conclude, the judge gives the jury their final instructions on the law and sends them to deliberate privately. During deliberations, the jury discusses the evidence and arguments to decide whether the defendant is liable for your injuries by a "preponderance of the evidence" (meaning more likely than not).
If the jury finds the defendant liable, they must decide how much to award you damages. The jury's decision must be unanimous. The amount of time jury deliberations take varies widely depending on the complexity of the issues.
When the jury reaches a verdict, they notify the judge, and the judge announces the verdict in open court. If the verdict is in your favor, your personal injury lawyer will be by your side to explain what happens next and ensure the verdict gets entered as an enforceable judgment. If the outcome isn't what you hoped for, your lawyer can advise you on whether you may have grounds for an appeal.
Collecting Your Judgment or Settlement
Obtaining a successful jury verdict or settlement in your favor is a huge accomplishment, but the process isn't quite over. The final step is collecting the money owed to you. If the defendant has insurance, your personal injury lawyer will coordinate with the insurance company to make sure they promptly send the check.
In some cases, defendants may say they can't afford to pay the full amount at once or may try to hide assets to avoid paying. Your lawyer can assist with enforcing your judgment, such as filing liens, garnishing the defendant's income or accounts, or pursuing other collection methods allowed in your state.
Once your lawyer receives the settlement or judgment money, they'll review the final breakdown with you. Your legal fees and case expenses will deduct medical liens from your recovery. Then, they will issue the remaining funds to you. Your lawyer can advise you on smart ways to handle your compensation, such as paying off bills, investing, and planning for your future needs.
Learn more: How Long Does a Personal Injury Case Take to Settle?
Reach Out to a Personal Injury Lawyer as Soon as Possible
If someone else's negligence has left you struggling with painful injuries, medical bills, and other losses, reach out to a personal injury lawyer in your area as soon as possible for a free consultation. Personalized legal guidance can make all the difference in your physical, emotional, and financial future. Don't go through this difficult time alone - let a dedicated personal injury lawyer fight for the justice and compensation you deserve every step of the way.
