If you’ve been harmed at the hands of another person or entity and that accident happened because of their negligence, you may wish to file a personal injury claim with an attorney.
But what happens after you make that decision? Do you really know how a team of attorneys will help you assert your rights? Learn about the steps taken to resolve a personal injury case here.
Step 1: Investigating and Filing the Claim
If you have never had to work with an attorney before, it’s natural to be curious about the process of filing a lawsuit from start to finish.
In the absolute first step, one of our attorneys will meet with you and gather information according to the details of your story. At this point, our job is to listen and advise you on the best way to proceed. Once we determine your claim is valid, we begin the next phase of the process.
At this stage, we will file the necessary paperwork to officially begin working on your claim. This paperwork includes the official complaint and a summons, which is sent to the defendant(s) and informs them that they have been named in the lawsuit.
The defendant(s) will have the opportunity to refute any of the claims against them by filing an answer. In the answer, the defendant(s) will admit to all or some parts of the claims against them, and will submit their defenses, counterclaims, or name any third parties who might also be liable for your injuries..
Step 2: Discovery
Once the paperwork is filed, the complaint has been answered and all defenses submitted by the defendant(s), discovery can begin.
Discovery is a very important part of the personal injury lawsuit because it allows your legal team to fully develop the strongest case for it. During discovery, interviews will be conducted, expert witnesses may be consulted, and the other parties involved will be required to confirm or deny certain facts about the case. It can be a very long process but this is where the greatest ground is gained.
The type of evidence reviewed will be contingent upon the injury you sustained and many other variables of the case.
The defendant (or other parties) may also request that you be deposed, or that we provide certain documents to them. After the discovery process is completed, our attorneys may file a summary judgment motion, asking the judge to decide the case based solely on the facts learned during discovery. If a resolution cannot be reached during the discovery phase, then the case will move on to trial.
Step 3: The Case is Resolved
After the evidence is compiled and discovery is conducted, the case is ready to proceed to trial. If the defendant(s) believe that the evidence against them is so strong it is too risky to leave the outcome up to a jury, they may choose to settle.
While oftentimes a jury verdict returns a larger award for the plaintiff, many of our clients prefer this option as it keeps them out of the courtroom entirely.
If your case does proceed to trial, our team of attorneys will stand beside you the entire time. We defend the rights of personal injury victims who have been wronged and we always pursue the maximum amount of compensation available to you.
The outcome of your case will depend entirely upon the particular circumstances which surround it.
Whether your case settles or goes to trial, Bailey & Oliver Law Firm is prepared to fight for you.