Steps to Follow in a Personal Injury Lawsuit.
If you get injured from a slip and fall or any other accident that was not your fault, you should consider filing a personal injury lawsuit. The damages caused by the accident can be covered by the money you will get from the lawsuit. Almost all personal injury cases are settled out of court. If your personal injury case is going for trial, consider the tips below.
First, it is important you find a personal injury lawyer from your area. There are over 100,000 personal injury lawyer. When choosing a lawyer, checking the duration of time they have been representing clients with personal injury cases is important. Ensure the lawyer you have settled for is know to ensure their clients get large amounts of money in compensation.
The next step is asking the lawyer to investigate your case. The lawyer should be able to investigate your case using the resources they have. From the finding of the investigation, the lawyer should tell you how strong your case is. Some of the information the lawyer should have are medical reports, police reports and witness statement. To increase chances of winning your case, the lawyer should consider the defense the opposing party will use.
If the lawyer considers your case to be strong, they will create a demand letter. The amount you want to be compensated should be included in the demand letter. Some of the things that should be included in the demand letter are, the injuries you have sustained, the medical bills incurred, wages you have lose because of the accident and many more. If you have a strong case from the demand letter, in most cases the opposing party will prefer you settle instead of going to court.
Your lawyer will need to file a personal law suit, if the other party doesn’t want to settle.
Your case will go for discovery and mediation phase before it goes for trial. In the discovery phase, both your lawyer and that of the opposing side will be able to gather evidence from both sides, so that they can know how strong your case will be. In the mediation phase a mediator will try to have both parties agree on a settlement instead of going to court. It is important you choose a mediator that is good with mediation, so that you can come to a settlement.
If the mediation phase is not successful, there is not other choice but for your case to go for trial. In the court room, both parties will be given a chance to represent their case in front a jury.
From the evidence both parties have given the jury, they will then be able to make a decision. It is the jury who will decide which party deserves to be compensated and how much.
The losing party can decide to appeal, if they want.
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