While everyone tries their best to prevent accidents, they still occur daily. Accidents are not foreign at school, work, home, or on the road. This brings about various types of casualties, such as property damage, pain, suffering, and loss of wages. Whether you or a loved one suffered in a personal injury case due to an accident or the negligence of somebody else, you will understandably not be psychologically or physically prepared to file a lawsuit.
It becomes imperative to take the necessary legal action to be compensated for such an unfortunate occurrence. Knowing your rights and learning about the proceedings of personal injury cases is vital to support and win your claim. This article will highlight the process of personal injury cases.
What Qualifies as a Personal Injury?
Not all personal injury cases are the same, but there are common types that prevail in such lawsuits. There are accidents that result due to medical malpractice, motor vehicle crashes, dog bites, product liabilities, and workplace accidents. By regarding each type, you will know what to expect and how to deal with it accordingly. For instance, medical malpractice accidents result when you are injured physically or mentally at the hands of a physician, a surgeon, or a consultant. Work accidents include slips, falls, or any occupational hazards. As for product liability, it happens when you are harmed due to a defect in the used product.
What Is Negligence?
Normally, the first step in personal injury cases is to show how the negligence of another person or institution caused harm or damage to the injured person. The plaintiff will then have to show how the defendant contributed to the case of the injury by breaching the duty of care. It is a legal or moral obligation to guarantee the safety or well-being of others. According to the reputable lawyers at https://www.vatrials.com, the formal lawsuit includes civil complaints from one party towards another that includes the negligence factor with proof.
How to Initiate Consultation?
The injured party shall meet with a personal injury lawyer or firm to hold an initial review of the case. Typically, the details of the accident will be covered. The attorney will ask further questions about the accident and look at the police reports if there are any. There are also some vital questions you should ask your lawyer. You should know how many similar cases your attorney has worked on in the past, the percentage of winning, how long the case will take, and whether there is anything to be done to better the chance of success.
Negotiation and Settlement
Prior to filing a lawsuit, your lawyer may contact the defendant or the at-fault party and their insurance provider to see whether a just settlement can be reached or not. In case there is a proper negotiation for a settlement deal, your lawyer will bring it to the table. If there is no agreement, litigation will take place.
Filing and Serving the Complaint
The lawyer of the injured party swiftly begins to file the required paperwork of the case to the court. The litigation proceedings will take place. Such a complaint consists of the jurisdiction of the court, parties involved, the accused’s claims, facts of the claim, and a demand for justice. The defendant will receive a summons through mail or in person. Upon the response of the defendant to the complaint and summons, the answer will be one of the following forms: denied, admitted, or no adequate knowledge to deny or admit.
In this phase, both parties file and serve the initial documents. They will now be in a process of formal exchanging of evidence. The personal injury attorney will typically send the defendant a list filled with interrogations or questions. The two parties may then take depositions and give statements. The attorney can also consult experts, such as in medical or reconstruction fields to better assess the case.
Hearings and Motions
There are typically two types of motions: pretrial and post-trial motions. Pretrial motions strive to make the injured party give evidence. Some lawyers may file motions to resolve the case instead of going to trial. The defendant attorney will also try to dismiss some or all part of the lawsuit filed due to a lack of evidence. This is why most cases go to trial. In case a settlement is reached, your personal injury attorney will prepare the required document for you to get the compensation funds. If there is no settlement, the defendant will ask for post-trial motions to decrease the amount owed to you or set aside the judgment.
As being injured in an accident can be frustrating and overwhelming, most people focus on their mental and physical recovery. Property damage, hospital bills, pain, and suffering are what typically follows an injury or accident. To properly get compensation for what you have suffered, you should learn more about personal injury cases. With the guide provided here, you can now have a closer look into how such a case is processed.