Accidents can happen at any time and often result in someone sustaining a personal injury. They can happen anywhere - at home, at work, at school, or out in public. The most common cause of personal injury in the United States is auto accidents, accounting for an average of 3 million injuries every single year and almost 1.25 million deaths. When you sustain a personal injury that was caused by somebody else, you can file a lawsuit to recover financial damages from them. Let's take a look at the steps involved in a personal injury lawsuit.
1 - Consulting a Personal Injury Lawyer
The first step is to meet with a personal injury lawyer to discuss your case. The majority of law firms will offer a free consultation in order to determine if you have a viable lawsuit. You must choose an attorney who is experienced in dealing with personal injury cases to offer appropriate advice and help the process run smoothly. Don't be afraid to ask a few different lawyers to review your case. You will want to choose the personal injury lawyer that you feel the most comfortable working with.
2 - Recording Court Documents & Disclosure
If you decide to go ahead with your personal injury lawsuit, the next step is for your lawyer to record and serve the appropriate court documents. As the injured party, you will be registered as the offended party, and the defendant will have the opportunity to file a response. Once both parties have recorded and served their court documents, the case will enter into the process's disclosure phase.
During this stage of a personal injury lawsuit, your lawyer should prepare and send any evidence to support your case. This may include witness accounts, medical records, or testimony from experts. Their job is to prove the extent of your injuries and to prove that the defendant is to blame for the accident.
3 - Negotiations
Both sides enter into negotiations with the aim of arriving at a settlement before the personal injury case goes to a preliminary trial. The defendant may offer to pay a set amount in order to avoid court proceedings, and your personal injury lawyer will advise if this is a reasonable settlement or if you would be wise to push forward with the lawsuit in the hope of a more substantial sum.
4 - Judgment or Settlement
Whether you accept an offered settlement or wait for the courts to make a judgment, your lawyer will assist in gathering the payment due to you. There may be a post-trial motion or appeal from the defendant, but your attorney should support you until the case reaches its conclusion.
A personal injury lawsuit can be complex, which is why it is important to get the help of an experienced attorney who can guide you through the entire process and secure the damages you are entitled to.
Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.
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