What Happens During a Personal Injury Lawsuit?

People often are hesitant or negligent when consulting a personal injury attorney. This is mainly because most people have never been involved in a legal dispute and are worried about things that might go wrong. Although a lawsuit may conclude in a jury trial, most cases do not go that far. Therefore, there are no reasons for which you should worry.

 

The methods outlined here will assist you in comprehending the various phases of a personal injury case. Here we will elaborately discuss everything from the initial meeting with an attorney to the conclusion of your case.

 

Consultation With a Car Accident Lawyer

 

Suppose you have been hurt due to someone else’s negligence. In that case, the second step, after seeking medical attention, is to speak with an experienced personal injury attorney to determine if you have a legitimate claim. 

 

Bring all supporting documents, medical documents, or notes you have made regarding your case with you. Most personal injury lawyers offer free consultations, so avoid those that charge you a fee merely to meet with you.

 

Assessing the Attorney

 

Having the appropriate personal injury lawyer on your side may make the difference between winning and losing your case, so pick wisely. Inquire about the attorney’s degree of experience and track record handling cases similar to yours, as well as their communication policies and any other concerns you may have. The attorney will ask you several questions at the initial appointment to have a thorough grasp of your situation.

 

Be skeptical of any attorney who makes promises about how much money you’ll get at the initial consultation. Good attorneys require more time to assess the merits of your case thoroughly, and they may need to enlist the help of specialists as well.

 

Understanding How to Hire a Personal Injury Attorney and How They Get Paid

 

The majority of personal injury lawyers work on a “contingency” basis, which means they don’t get paid until you win your case. If you receive monetary compensation, the lawyer’s compensation is calculated as a percentage of the overall recovery, generally between 25% and 40%, and is paid at the conclusion of the case.

 

You will be requested to sign a client contract that details the actual legal fee after you agree to employ an attorney. Before you sign the contract, make sure to ask any questions you have concerning the charge.

 

Examining Your Situation

 

At this point, your attorney will do research on your case to comprehend how you were hurt, as well as the intensity of your injuries, damages, and costs. He will then call and deal directly with the insurance company, as well as the attorney representing the party who caused your injuries. Throughout the dispute, your lawyer will keep you updated on any agreements and noteworthy developments. However, your main focus should be on receiving the medical help you require and going back to your regular schedule.

 

Settling Your Case 

 

Before you file a lawsuit, there are a few things you should know. Many personal injury cases are settled before a lawsuit gets filed, especially those involving auto accidents. Your attorney may be approached with a monetary offer to settle the case while negotiating with the insurance company representing the party who caused you the damage.

 

If a settlement opportunity comes up, your lawyer will let you know about it and give you his or her advice on whether you should accept it. Finally, you must determine whether the settlement is acceptable.

 

Pretrial Phases of Filing a Lawsuit in Court

 

Your attorney will file a case in court if a satisfactory settlement cannot be achieved. After that, the court will establish a timeframe for each part of the litigation. Depending on the intricacy of your case, the procedure might take anything from a few months to many years.

 

  • Phase 1: Complaints and Responses: The Complaint is the document that details your claims about how you were injured and the amount of money you lost. It’s normally filed in the county where you were hurt or where the person who hurt you (defendant) lives. The defendant is physically served (given) the Complaint after it is filed (s). The defendant has a certain amount of time to “respond to” the Complaint, generally 30 days. The document in which the defendant confirms or rejects the charges in the Complaint is known as the Answer.

 

  • Phase 2: Discovery: During this phase, each side collects testimony, evidence, documents, and information about the case from each other and third parties. Questions, often known as interrogatories and requests for documents, are examples of written discovery. Depositions, or oral discovery, are also conducted. During a deposition, a lawyer grills witnesses, experts, and each side. Because your participation is critical, make sure your attorney has your most up-to-date contact information.

 

  • Phase 3: Motions: The defendant might submit a request to have the court act on their behalf before or after discovery is completed. The motion might request that the court dismiss one or more of your claims, or perhaps the whole action. In most cases, your attorney has 28 days to produce a written response opposing the motion. Then, the court holds a hearing so that all sides of the issue can be heard.

 

Mediation Is an Option

 

Mediation is a type of alternative conflict resolution that can be requested at any point throughout a legal proceeding. Both parties, their attorneys, and a neutral mediator who serves as a referee between the parties are all involved.

 

During mediation, all parties submit their cases, and the mediator facilitates settlement discussions. Mediations are non-binding, which means the parties have the option to accept or reject the offer.

 

Taking the Case to Court

 

When a matter gets to trial, your attorney presents his or her case to the judge or jury, followed by the defendant, the person who caused your damage. Following each side’s arguments, the judge or jury decides if the defendant is legally accountable for your injuries and harm, and if so, how much the defendant must pay you in damages.


A personal injury trial typically involves six stages:

 

●       Selection of the jury

●       Statements to begin

●       Cross-examination of witnesses and their testimony

●       Arguments for the conclusion

●       Instructions to the jury

●       The jury’s deliberations and decision

 

Following the Trial

 

Even if the jury’s verdict is in your favor, the case may not end instantly. The defense might take the matter to a higher court and seek for the verdict to be reconsidered. Even if no appeal is filed, the monetary award may take some time to be distributed.

 

Before you are paid, your lawyer must pay the firms that have a legal claim to a portion of the money, known as liens. This is done out of a special escrow account. Your attorney then issues you a check, and the funds are yours to keep. Your personal injury case has come to an end.

 

What’s the Verdict?

 

The lawsuit procedure is complicated, with numerous twists and turns that require an attorney’s excellent decision-making abilities. Ensure your personal injury lawyer has experience handling cases similar to yours and a track record of success. And, because your litigation might span months or years, be sure you and your attorney build a bond.

 

To hire a personal injury lawyer in Atlanta, feel free to reach out to “The Hurt 911 Injury Centers“. You can call us at 1-800-487-8911 and speak with our personal injury attorney in Decatur, GA or drop an email at [email protected].