An unexpected accident can turn your life upside down, leaving you unsure where to turn for help or how to begin rebuilding your life. Whether a car accident, work-related accident, or any other type of accident injured you, you may file a lawsuit against the person or company whose negligence caused your injuries.
A personal injury lawsuit can seek justice and secure compensation for medical expenses, lost earnings, and other accident-related damages.
If you've been injured in a car accident due to someone else's negligence, seek guidance from an experienced Huntsville car accident lawyer near you to safeguard your rights.
The following provides basic information about the personal injury claims process. Please understand that not everything in this broad overview will apply directly to your case. For advice regarding your case, contact an experienced personal injury lawyer.
What Are the Steps in a Personal Injury Lawsuit?
The personal injury litigation process typically follows a series of structured steps; however, the laws that apply can vary depending on the nature of the accident.
After suffering a significant personal injury under any circumstance, consult a skilled personal injury attorney who can protect your rights and ensure you avoid common filing mistakes that can hurt your claim for damages.
Here is an overview of the key stages of a personal injury lawsuit.
Initial Consultation
When you decide to pursue compensation for a personal injury, the first step of the process begins with meeting a lawyer for a consultation. During the consultation, you'll have a chance to discuss the details of your case and ask your own questions, such as inquiries about the potential timeline for your case or the injury attorney’s experience.
The lawyer will also ask you a series of relevant questions to assess the strength of your case and determine the best course of action moving forward. If they believe your case is viable, they will offer to represent you, and you can decide whether to hire them.
Reputable personal injury lawyers offer free consultations, allowing you to start your case without worrying about initial expenses.
Investigation of the Accident and Injuries
Once you decide to proceed with your personal injury claim, the next step involves thoroughly investigating the accident and your injuries.
If you work with a personal injury attorney, they will manage the entire investigation process.
The evidence they will collect to show what happened, who did it, and what damages the accident resulted in might include:
- Medical records
- Witness statements
- A police or accident report
- Employment records
- Vehicle data from the black box
- Documentation of any property damage
- Photographs or videos of the accident scene
- Records of communication with insurance companies
Before filing a lawsuit, your lawyer may present a settlement demand. This demand outlines the details of your case, including the damages and injuries you've sustained.
The other party will review the demand, accept it, reject it, or make a counteroffer. If you accept the settlement demand, your case can resolve without going to court. However, if settlement negotiations with the defendant fail, your attorney can file a lawsuit against the responsible party.
Filing the Complaint
The personal injury litigation process begins when you (the plaintiff) file a complaint against someone else (the defendant) in court. A complaint outlines allegations of wrongdoing against the defendant and the specific damages you seek. Once you file the complaint, you must officially notify the defendant through a summons that you are suing them.
A process server or law enforcement officer typically serves a summons and complaint to the defendant. After service, the defendant must respond to the complaint. This response, known as an answer, will state whether the defendant admits or denies the allegations and whether they plan to contest the claims made against them.
The statute of limitations (SOL) sets the period within which you must file your lawsuit. If you do not file the complaint within the required time frame, you may lose your right to seek compensation for your injuries.
The Discovery Process
Once the initial pleadings (complaint, summons, answer, etc.) have been filed, the case enters the discovery phase. This is when the parties begin the process of obtaining and exchanging information and evidence related to the case from each other. Discovery allows both sides to learn more about the other's arguments and evidence before trial.
However, this exchange of evidence does not happen automatically. Instead, each party must formally request the specific evidence they wish to review.
In a personal injury case, you can use five primary methods to request information:
- Interrogatories: One party submits written questions that the other must answer in writing, under oath.
- Request for Production: One party may ask the other to provide documents such as medical records, police reports, photographs, or insurance documents that are relevant to the case.
- Request for Admission: The opposing party admits or denies the truth of certain facts related to the case, such as whether they caused the accident.
- Depositions: During a deposition, the attorney for one party will ask the other party, as well as any witnesses or experts (doctor, accident reconstructionist, other professionals), to provide sworn statements. The purpose of a deposition is to find out what the witness knows and preserve their trial testimony.
- Physical Examination: The court may authorize such an examination to assess the extent of injuries or conditions central to the dispute.
While discovery can cost time and money, you must gather and secure all relevant evidence to support your case. With the assistance of a personal injury lawyer, you can feel confident that they will handle every stage of this process efficiently and with care.
Settlement Negotiations
Going to trial can cost time and money. As a result, your attorney will seek to resolve your case before it goes to trial.
Your case may resolve outside of court through:
- Settlement: These settlement discussions may involve simple conversations between the lawyers over the phone or by exchanging written proposals and counteroffers.
- Mediation: When lawyers can't resolve the case together, they sometimes bring in a mediator or neutral third party to help. Mediation can allow both parties to present their arguments and engage in settlement negotiations facilitated by the mediator.
- Arbitration: In this process, an impartial third party, known as an arbitrator, listens to both sides, examines the evidence, and makes a binding decision.
Settling a case typically requires less time than going to trial and eliminates the unpredictability of a court verdict. Both parties can avoid substantial legal fees, and the injured party can avoid the pressure of testifying in court.
Going to Trial
If the parties fail to reach a settlement or cannot agree on a fair compensation amount, the case will proceed to trial. When a case goes to trial, the plaintiff and defendant's lawyer will present their evidence and arguments before a judge or jury.
After each side presents its arguments, the judge (or jury) considers the evidence, decides whether the defendant should be held legally responsible, and assesses the damages.
A personal injury trial usually consists of six phases:
- Jury selection
- Opening statements
- Witness testimony and cross-examination
- Closing arguments
- Jury instruction and deliberation
- Reading of the verdict
Once you settle or the court rules in your favor, your attorney will oversee the collection and distribution of the funds.
Unfortunately, the defendant does not always follow a court order to pay the judgment amount.
Additionally, the defendant may file a post-trial motion asking to set aside or reduce the judgment. An appeal can also ask a higher court to review the trial court's decision for errors of law.
If this occurs, your attorney will work to enforce the judgment and secure the compensation owed to you. While most personal injury cases settle before a trial begins, hire a lawyer who treats every case as if it will end up at trial.
Protect Your Rights with Help from a Trusted Personal Injury Attorney
If you suffered an injury in an accident that wasn't your fault, you shouldn't handle the legal battles on your own. Contact a personal injury attorney for your free consultation.