Steps to Filing a Personal Injury Lawsuit

When you have been injured in an accident, whether in a vehicle or otherwise, you may be eligible to receive compensation from the other party involved. This could be another driver, a homeowner, or even a business. In order to obtain this compensation, you may need to file a personal injury lawsuit. If you are successful in your case, the jury may award you a verdict to cover your past and future medical expenses related to the accident, as well as additional compensation for past lost wages and loss of future earning capacity and past and future mental or physical pain and suffering. Here’s a detailed overview of what the personal injury claim process looks like.

Step 1 – Schedule a Consultation with Your Personal Injury Attorney

While it is possible to represent yourself in court for a personal injury case, to have the best chance of a successful resolution to your case, it is best to work with a personal injury attorney. During your initial consultation, you and your attorney will review all of the details of your case. Bring with you any documentation you have relating to the case, including insurance and contact information for the other party, as well as any photos and notes taken at the scene. It will also be helpful to provide documentation of all the medical care you have received for your injuries.

Step 2 – Investigate Your Case

Once your attorney has reviewed your case with you, he or she will conduct an independent investigation to verify your statements and corroborate your claims. Your personal injury attorney will get in touch with your medical providers, the insurance companies, police, the other party involved in the incident, and any other relevant parties. The more information your lawyer can gather, the stronger the case he or she can build for you.

Step 3 – File Your Claim

Your personal injury lawyer will then put together your case and bring the documentation to the other party. Then, your respective attorneys can begin to negotiate your settlement. In many cases, this is as far as you’ll need to go. The other party will often want to settle with you outside of court to avoid the time, hassle, costs, and potential negative publicity involved in a lengthy court battle. However, this isn’t always the case, especially if the other party disputes your claims.

Step 4 – The Discovery Phase

If you and the other party are unable to reach a settlement, you may need to take your case to trial. Before you can do that, though, you’ll have to go through the discovery phase. This stage gives the other party time to investigate the incident and prepare their side of the case.  During this period, you may be required to fill out paperwork, appear for your deposition, appear for a compulsory medical examination, and wait for your court date to be scheduled.

Step 5 – Take Your Case to Trial

While most personal injury attorneys will make every attempt to settle your case without going to trial, sometimes the courtroom can’t be avoided. Because of this, your attorney should prepare your case as though it were going to trial right from the beginning. This will help to streamline the process and help you achieve a resolution to your case as quickly as possible. 

Step 6 – Appeal Negative Results

If you don’t get the desired result from your court case, you may have the option to appeal and have the case retried. As with the initial trial, your case can be settled outside of court pending an appeal, or you may have to go back to trial again.

Trust Andrew Pickett Law with Your Personal Injury Case

For personal injury cases in Florida, Andrew Pickett Law is here to help. We’ll work closely with you throughout the settlement, trial, and appeals process as needed. Even if we are confident that your case will settle outside of court, we’ll still always be prepared to go to trial if necessary. Reach out to our firm today to schedule your initial consultation.

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