How to Handle a Personal Injury Case From Start to Finish

Photo of author

(Newswire.net — January 29, 2019) — Personal injury law has its own set of challenges. There is no single way to handle the matter. Having said that, below are a few steps involved in handling a personal injury case.

Consult with an Attorney

After an accident, consult with a knowledgeable attorney about the circumstances involved in your case. They may include:

  • Whether the other party was negligent
  • If there is an individual or organization from whom you can obtain compensation for your injuries
  • The severity and extent of your injuries
  • Any medical expenses
  • The legal options available to you 

A personal injury lawyer in California can help you seek monetary awards if you have been injured due to someone else’s negligence.

Investigate Your Case 

When you retain the services of an attorney, their firm should conduct an independent investigation. They should examine your claim which will consist of police reports, photographs of the accident scene, witness testimony, pictures of your injuries, statements from witnesses, medical bills, relevant medical records, and more.

If necessary, your lawyer should work with experts to reconstruct the accident scene or any other authorities in different fields that can help your case. 

After collecting the appropriate data, your attorney will begin to design hypothetical situations. This is done to address any potential defenses that may be used by the opposing party when they attempt to deny liability.

A skilled personal injury lawyer will keep you informed of the process.

Create a Demand Package

This step comprises of creating a demand for settlement which will contain a demand letter detailing your case. A list of damages will also be included specifying:

  • Medical expenses
  • Lost wages
  • Injuries sustained
  • Future care needed
  • Pain and suffering

The package is reviewed by the opposite party who will accept it, reject it or make a counteroffer. Often, this is the most significant impression you will make to opposing counsel.

File a Personal Injury Lawsuit

This step is required if your case can’t be settled at the beginning of the process and you seek a monetary award for your injuries.

Discovery

Before heading to court, opposing parties will acquire evidence from each other so each side will have the opportunity to evaluate the other side’s case.

Mediation

Prior to or following the filing of a lawsuit, a mediator, who is frequently a former or current judge, may oversee the mediation process as the parties attempt to avoid a costly trial. Mediation is an informal proceeding where the parties try to reach a mutual agreement.

Trial

If the parties are unable to resolve the matter through mediation, a trial is the next phase. 

The judge or jury will carefully examine the facts of the case, conclude who is liable, and potentially award damages to the injured party.

Appeal

The losing party may file an appeal depending on the circumstances of the case. The legal procedure for an appeal differs greatly from the trial, so it’s best to work with a personal injury lawyer in California who is knowledgeable about the appellate process.

Above are only some of the steps involved in handling a personal injury case. An experienced personal injury lawyer in California can answer any questions you may have.