The Process of Personal Injur y Lawsuit
The personal injur y lawsuit process
ď‚— Information gathering. The lawyer looks into the
accident that caused your harm and will evaluate the damage that you suffered, as well as find evidence and witnesses. The lawyer will closely work with you and your doctor in order to assess the correct amount for the compensation for your injury.
This will be based on your loss of income and possible loss of job, medical costs, any additional expenses, cost of counseling and physical therapy, as well as loss of property.
Other expenses that he will take into consideration include household expenses. The lawyer also measures the degree of your pain and your suffering and add it as a value to your compensation.
ď‚— The claim letter. The lawyer needs to send a letter to the
other party in order to outline your injuries. The other party is given a certain period of time and they need to contact you within the given time in order to negotiate for arrangement.
ď‚— Agreement offer. The other party has the possibility to
offer you an agreement as compensation for the personal injuries caused to you.You can accept it and the process ends.
Prior to accepting any settlement offer, you are recommended to discuss it with your lawyer. It is not always a good idea to accept an early settlement, as it would probably be lower than you can actually get in case you reject it, and then the case is filed in court.
ď‚— Discovery. This is when the judge reviews the virtues of
your case and finds evidence and facts, such as witnesses, police reports, doctor’s reports, statements and photos.
ď‚— Arbitration/Mediation. The court usually tries to solve
the dispute before it even gets into court. The mediator tries to get you and the other party to an agreement that is convenient for both of you.
 Trial. In case you don’t get to an amicable resolution, then
your case gets into trial and is heard by a judge and sometimes by a jury, too. They will listen to both parties involved and will decide whether to award compensation and which its amount would be.
ď‚— Appeal. In case the results of the trial are not reasonable for
one of the parties, then that party may file an appeal.
ď‚— Settlement. After the appeal is decided upon and it is in
your favor, you can start the settlement process.
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