What to Expect and How to Proceed with a Personal Injury Lawsuit
David Holmes
If you have been injured in an accident or believe you may have a personal injury claim, you are probably wondering what to do next or what is involved in the process. Familiarizing yourself with the many pieces of a personal injury lawsuit will help you prepare yourself for the days, weeks, or months ahead, as well as make sure you receive the compensation you deserve. This overview will help guide you through some of the more important pieces of your pending personal injury lawsuit.
Seek Medical Treatment
First, you should seek medical treatment. Your health is the most important thing to take care of, so go to the hospital or visit your doctor. In addition to taking care of yourself, you need to seek medical help because an insurance adjuster or jury will assume you were never injured if you don't.
Take Notes
Once you've taken care of yourself, you should take notes. Don't just rely on your memory of what happened. Personal injury lawsuits can take time, so an accurate account of how the accident happened as well as what effect it has had on you and your livelihood could prove invaluable 10 or 12 months later.
Hire an Attorney
Often, people will try to settle a small personal injury claim on their own. While this may seem sufficient for very small claims, hiring an attorney is more often than not the correct course of action. Take the time to thoroughly research an attorney to represent you ! You should be able to look online for personal injury attorneys in your area who have dealt with similar claims as your own. You wouldn't go to a cardiologist to fix a broken leg, so don't just use the attorney who got you out of your speeding ticket to represent you in your personal injury claim. Once you've narrowed your search for an attorney or law firm, make appointments to see and interview them. With such a task ahead, you'll want to make sure you are comfortable with and trust the attorney who is going to represent you. Be sure to provide documentation of what happened as well as any medical treatment you've had to date. You're attorney will need to review everything about the case to see if, in his or her opinion, you have a valid claim.
Continue Medical Care
If you were seriously injured, you will likely need additional treatment after your first visit with a doctor. If you don't have insurance, ask your doctor or attorney to recommend a provider who will treat you on a lien basis. This means that your healthcare provider will treat you now and collect any payment for their services once your case is settled. There are hundreds of providers nationwide who will treat you on a lien basis, and for those who don't, many work with companies such as MedChex that will "pre-fund" your care. These companies will pay your medical bills on your behalf and collect their money later from the proceeds of your case. Utilizing healthcare providers who treat on a lien basis or working with pre-funding companies will make sure you get the care you need while also helping your attorney prove the validity of your case. Once you've ended your treatment, you are at a point of maximum medical improvement (MMI). At that point, your attorney should now know how much your case is worth. Depending on the severity of your injury, it could take months or years to reach MMI.
Attorney Makes a Demand or Files a Lawsuit
Many personal injury cases will settle without ever going to trial. If your attorney thinks the case can be settled, he or she will make a demand with the attorney or insurance company representing the defendant.
Otherwise, your attorney will file a lawsuit. The time frame as to when your attorney makes a demand can vary. If you're financially able to wait until you can reach MMI, it can greatly increase the value of you case.
Although filing early may help you receive compensation faster, you may be shortchanging your case. Knowing exactly what damages you've incurred up until the pointthatyou reach MMI is the only way for your legal team to know exactly what your case is worth. If you're in need of immediate cash to cover living expenses or pay bills, you can look into applying for a cash advance. Global Financial Credit is one such cash advance company. Once your case is settled, your attorney will pay the cash-advance loan out of the proceeds from your case.
Discovery Process
The discovery process is when the legal party for the
defense looks at the claims filed by the plaintiff. They will exchange questions and documents, as well as take depositions from the witnesses in the case.
Mediation and Negotiation
Once the discovery phase has been completed, attorneys from both sides will begin to discuss a settlement. Often, the case can be settled among the attorneys without any further due course. If a settlement can't be reached, both sides will enter into mediation.
Trial is the final step in the lawsuit if a settlement is not reached through negotiation or mediation. The courts will schedule a date for your trial, but often this date may be rescheduled multiple times due to conflicts within the court system or the judge's schedule. Once your trial starts, it may be resolved in
as little as a couple of hours, or it may last weeks or longer, depending on the case.
Deliberation and Verdict
Finally, the jurors will meet as a group to discuss the case in a process called deliberation. Most states require that the jury in a personal injury case must be unanimous in finding for the plaintiff or the defendant, although some states allow for verdicts based on a majority vote. If the jury is unable to reach a verdict and finds itself at a standstill, or a hung jury, the judge can declare a mistrial. At that point, the case may be dismissed or the trial may start over again with a new jury. If the jury rules in your favor, however, they will then need to decide how much compensation you will receive from the defendant.
Disbursement of Funds
Generally, compensation will be paid to the victim within a month of the verdict or settlement from the case.
David Holmes joined Global Financial Credit in 2013. As Marketing Manager, Dcn’id represents Global as well as five other affiliated brands. He is a native of North Carolina and attended Appalachian State University where he graduated with a double major in Marketing and Real Estate. Contact David Holmes at 704448-1115 or [email protected].
