Stages of a Personal Injury Case

Filing a personal injury lawsuit is a serious matter that normally involves two parties-both the plaintiff (the one suing) and the defendant (the one being sued). Although every personal injury case is different, there are common variables that determine if the evidence present validates the need for a claim. Whether the plaintiff has suffered a slip and fall or a traffic accident, taking the time to know their rights and the legal road up ahead is of the utmost importance and could be the difference between receiving compensation or paying out of pocket. This article delves into the litigation process and the operations of a standard personal injury case. 

Medical Care

Seeking immediate medical attention when one is involved in an accident of any kind is crucial, not only to their health but the potential of receiving reimbursement in a personal injury claim. If necessary, a physical examination is a major component in determining whether a victim's injuries may pose lifelong disadvantages, thus, preventing them from living a normal lifestyle. An intentionally delayed health analysis runs the risk of the injury not being "serious enough" from the insurance company's perspective. According to the Centers for Medicare and Medicaid Services, beneficiary, case, and attorney information are all required for a valid personal injury report within ample time. 

Contacting An Attorney

A personal injury lawyer will gather intel on whether a viable case exists between the plaintiff and the defendant. Upon confirmation for a legal proceeding, the attorney will file a personal injury complaint consisting of the parties involved, details of the claim, and the proof concerning the case. Once the complaint is filed, the attorney issues what is known as a summons. An in-person summons informs the defendant a lawsuit has been filed against them and offers them time to get in touch with their insurance companies and own personal defense lawyers. The summons must be properly served in hand to the defendant to avoid case dismissal or the statute of limitations passing if a re-file is in order. 

Negotiation With Insurance Company

Going to trial is an expensive process and a personal injury case could take several months to a few years before reaching the courtroom. To avoid such long and tedious proceedings most personal injury claims are settled via negotiation with the insurance adjusters. A negotiation settlement is similar to a game of tug of war where both sides are pushing and pulling on price in hopes that the opposing side will succumb. Different methods of negotiations may include written offers, third-party mediation, or arbitration agreements that prevent court appeals if the ruling is not favorable. 

Potential For Litigation

If both parties decide to go forward with a court lawsuit, the judge or jury analyzes both party testimonies and settles whether the defendant is held liable for damages and reparations presumed by the plaintiff. Depending upon opening statements, witness testimonies, closing arguments, and jury contemplation, personal injury trials range from a couple of days to even a week for a final verdict. Assuming that the court rules in favor of the plaintiff, the defendant can choose to appeal the decree, which may prolong the lawsuit even further.  

Personal injury lawsuits can be very extensive and time consuming with no guarantee of a successful outcome. The Gwinnett County Personal Injury Attorney law offices offer hands-on attorneys with a positive track record of personal injury success rates, dedicated to customer satisfaction. If you or anyone you know has been affected in an accident, or is overwhelmed with the complexity of opening a personal injury case, reach out to our offices today for a consultation. 

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