A personal injury case can be an involved process, but it is also a necessary one if you were the victim of an accident that was caused by the negligence of someone else. That is because you have the right to receive compensation from the party that was responsible for your accident. You may very well need that compensation to take care of any medical expenses caused by your personal injury, the repair or replacement of damaged property, or lost wages due to your being unable to work while you recuperate. You are also eligible to receive compensation for mental and emotional trauma like pain and suffering or the inability to enjoy or engage in activities that you could before.
The process of getting that compensation can be complex, which is why you need the help of an experienced personal injury attorney to help you. A lawyer will be your guide and advocate all throughout the duration of your case, from the time you file your claim to the deposition, and beyond if necessary. If you live in the Orlando area, then you can contact Fasig and Brooks because they have over thirty years of experience fighting for your rights.
The Timeline of a Personal Injury Case
Every personal injury case will usually follow the steps laid out below, though some cases may end earlier than others, which means that you may not personally experience every single step.
Attorney Consultation
After you have received the necessary medical treatment and are in good enough shape to speak with an attorney, you should immediately do so. When you consult with an attorney, that does not mean that you have to hire them, rather, they will give you advice on how best to proceed. Sometimes, that means you will need their help, but other times you can proceed on your own. You never have to worry that you will be pressed to hire an attorney if it turns out that you don't need one because attorneys will not take a case that does not require a lawyer.
If your case does necessitate the use of an attorney, then that means they will give you the best chance of getting the compensation that you need. You should not have to worry about any fees because personal injury lawyers tend to work on a contingency basis, meaning that they only get paid if your case is successful. So you have nothing to lose and everything to gain by consulting with a personal injury attorney early on.
Attorney Investigation
Once the attorney agrees to take your case, they will begin a thorough investigation into your accident. They will start by interviewing you and asking you about any medical conditions that you had prior to your injury. They need to know this information because the insurance company of the perpetrator will likely try to claim that some, or all, of your injuries were pre-existing. Your attorney needs to be able to defend against that claim, which is why you need to be honest when answering their questions. Your attorney will also collect any medical records and bills related to your injury so that they get a complete picture of how much compensation you are owed.
The Insurance Claim is Filed
Since personal injury cases are based on negligence, you will be filing a claim with the insurance company of the guilty party. Once you do, they will agree to your claim, negotiate it, or reject it. If they accept, then the case ends at this stage, but if they reject your claim or are willing to negotiate, then the process continues. After your claim has been filed, the insurance company will assign a claims adjuster to your case.
The adjuster will investigate the details of your case and then make a settlement offer. Your attorney will let you know whether it is a good idea to accept their offer or if you should continue to negotiate. Many personal injury cases end at this point, but if they don't, then it is on to the next stage in the process.
The Personal Injury Lawsuit is Filed
If a settlement with the insurance company cannot be reached, then you will have to resort to filing a personal injury lawsuit. Typically, personal injury lawsuits are filed because the settlement offer of the insurance company is too low. A lawsuit can force them to negotiate and offer you a more reasonable settlement. However, the insurance company may choose to go along with the lawsuit, and should that happen, you and your attorney will now be dealing with a defense attorney rather than someone from the insurance agency.
The Discovery Phase and Depositions
This is the phase where the lawyers from each side examines the evidence and potential defenses of the other. After those examinations have been concluded, the deposition process begins. A deposition is just your sworn testimony given under oath with questions from the other party's attorneys. Your personal injury attorney will give you guidance on what to expect at your deposition and help you to prepare for it.
Mediation
Once deposition is complete, the mediation process begins. This is when the court assigns a neutral third party to oversee negotiations between the two parties involved in the case. This is done to allow the case to be resolved before heading to the courts. That is because a trial is expensive and time-consuming, so ending the case before then is in everybody's best interest. Mediation is where a lot of personal injury cases tend to conclude.
The Trial
If negotiations during the mediation stage are unsuccessful, then the case will go to trial. Personal injury trials can last for a few hours up to a few months depending on the complexity of the case, but fortunately the majority of them get resolved before then. In fact, the possibility of a trial is often the incentive that each party needs to get the case resolved, since a trial is an uncertain gamble that few people will want to take.
A Personal Injury Attorney Will Help You at Every Step of Your Case
No matter how your case proceeds, you will need the assistance of a personal injury attorney to help you. They are invaluable when it comes to negotiating with the other party and can make sure that you get the compensation that you need. A personal injury attorney will give you the best chance of having your case end in your favor before it ever gets to trial. But if it does, then it is best if you have an experienced personal injury attorney on your side representing you and fighting for you from beginning to end.
