words Alexa Wang
Are you suffering from an injury whose causes don’t seem natural to you? Buckle up, because you might have a Personal Injury Case at hands. A personal injury lawsuit is claimed in a situation when a person somehow gets injured and his accident seems like to have been caused by someone. The injury might be small but when the accident had been planned and planted, the chances of it being harmless are even smaller.
So if you’re planning to file a personal injury lawsuit, there are some things that you should know about. We are here to guide you through the details of Filing a Personal Injury Case step by step.
Step 1: Medical Care and Mind Making
The first thing comes first, which is your medical treatment. If you have been through any type of injury, you need to immediately go see a doctor and seek medical treatment. Go to the nearest hospital and ask for medical treatment, indicating an emergency.
Now, after being examined you can ask the doctor about your damage impact. No one better than him can explain how serious your injuries are, or non-serious depending upon the situation. This will help you to make up your mind whether you want to press charges or not.
Step 2: Consulting a Lawyer
Once you decide to file a personal injury lawsuit, the first thing you should do is to consult a good lawyer. Your lawyer should be the one who has your best interest at heart. If you’re from Houston, we have good news for you because finding a good lawyer in your city is very easy. Experts at Fleming & Associates believe that a good lawyer should know his work and how to handle different situations prioritizing his client’s benefits. A lawyer will help you make your decision and will clear any of the second thoughts you’re having about filing the personal injury lawsuit. He will explain to you all the major and minor complications of filing the Lawsuit and will lead you through all these complexities in the best way possible.
Step 3: Client-Lawyer Bond
Once you hire a lawyer, he becomes the person of utmost importance and trust. That said; you should share every single detail of the situation with him. The lawyer will inquire thoroughly about your accident and will also ask for all the medical bills and reports. He might investigate your past experiences as well so you must be honest with him. There is no room for secrets between a lawyer and his client.
Step 4: Lawyer’s Part of the Deal
After gathering enough information, the lawyer reaches out to the other party’s attorney. Here comes the term MMI, Maximum Medical Improvement. The lawyer waits for his client to reach Maximum Medical Improvement before making the compensation demands so that it can be made sure how much exactly they’re rooting for. Usually, a personal injury case can be settled without filing an actual lawsuit. So the lawyer asks for reimbursement and negotiation will take place. Your lawyer tries his best to get maximum repayment and depending upon the circumstances if the party agrees, the issues are resolved here. Indemnifications are paid by the respective party and there’s no need to go to the courts.
Step 5: Lawsuit Claim and Court Trials
If the negotiation fails to reach an agreement and the parties don’t want settlement over the discussed clauses, there’s always an option to file the case in court for trials.
Your lawyer files the Personal Injury Case against the other party in court. This initiates a series of legal events that both parties must endeavor until the end of the case. Keep in mind that every country has a law, statute of limitations, which dictates a period in which a Personal Injury Lawsuit can be claimed.
After filing the case, an investigation phase starts in which the lawyers of both parties investigate the case and all the related details. They inquire and require all the details in black and white form. They send each other document requests and question all the possible witnesses. This phase can take up to 6-8 months, depending upon the complications of the case.
Then, there comes a Mediation phase. As the name indicates, this comprises the time between the trial and investigation and the decisions made based on those investigations. It involves negotiation, including a neutral third party that helps both involved parties to settle.
If the case is settled after mediation, there won’t be a need to go through the process of trial. If not, the trials take place in the court under the judgment of a jury and a judge.
We hope that these instructions and details about filing a Personal Injury Case will be useful for everyone going through such circumstances. You can find this guide helpful if you have had a recent incidental injury that looks pre-planned. It is better to settle the matter with reimbursement than going to a trial. Court cases may take two or more years to reach a decision.