The Ultimate Stepwise Guide to File a Personal Injury Lawsuit
Modern law has expanded its wings to the most remote aspects of life, and this is the reason why we keep on hearing newer and newer forms of lawsuits. Similarly, personal injury lawsuits were once not part of the legal system. But, so many have been filed over the years that new legislation has come to the forefront to differentiate between genuine and fake lawsuits.
Personal injury lawsuits are entirely reasonable because they hold those people accountable who are responsible for harming others physically and mentally. Therefore, the existence of such lawsuits has created a sense of accountability in our daily lives.
Given the unprecedented increase in such lawsuits, you may also find yourself in a situation where you have to file one; therefore, we have jotted down some steps that you can follow to file a personal injury lawsuit.
- Hiring an attorney:
There is no doubt that you have Google, which can get you bundles and bundles of information such that you can also determine the net worth of an injury lawsuit yourself. But, you will still need legal counsel like a personal injury attorney located in Wytheville because they are going to be the ones who will be your eyes and ears in the court proceedings. They will evaluate the viability of your case and how much compensation you can get.
- Preparing the case:
Write a complete account of the incident as soon as possible because your memory will not be as fresh later on, and resultantly you may end up with a few ambiguities that can hurt your case. Take pictures of your injury and the negligence that caused it so that you have evidentiary support to back your claim. Lastly, you must also record the names and phone numbers of the witnesses so that they can corroborate your story and strengthen your case.
- Sending the demand package:
Once your lawyer has evaluated your situation, he will draft a demand package that will outline the type of damages you incurred as well as the compensation you are demanding. If the other party has an insurance company, you may receive a counteroffer, acceptance, or rejection from the company. If your claim is rejected or the counteroffer is not acceptable, then your lawyer will move on to the filing of the lawsuit.
- Filing the lawsuit:
Your lawyer will file the lawsuit in the appropriate court such that the court will be notified about the date and extent of your injuries along with your demand package. Once the complaint is filed and served to the defendant, the lawsuit is set in motion.
- Entering the discovery phase:
Once the lawsuit is filed, you enter into the discovery or pre-trial phase, where both parties will share the pieces of evidence and names of witnesses with each other. It will lead to depositions, where both the defendant and the plaintiff will be questioned along with their named witnesses. Depending on the dynamics of the discovery phase, the plaintiff will be offered settlement deals which he can accept, reject, or negotiate.
- Preparing for trial:
If both parties are unable to settle the dispute, then the case is sent to trial. Both sides will then present their positions and supporting pieces of evidence in front of the judge and the jury. They will then evaluate both sides and will give the verdict on the basis of their evaluation.