When a person is harmed they need to file a personal injury claim in order to receive damages for their injuries. This leaves a lot of people wondering what to expect. Read on to learn more about the process of filing a personal injury claim.
Get Checked By A Doctor
The first step in filing a personal injury claim is, of course, being seen by a medical professional who can diagnose your injuries and can give an estimated timeline for your recovery. Anyone who is involved in this process, from the radiology technician to the nurse who drew your blood, is going to mark these services on your medical records and then bill you. This means that you may not only get a bill from the hospital but from third-party testing companies. Keep these documents handy because you will need copies of them later to provide to your attorney.
Choosing And Hiring A Personal Injury Attorney
Obviously, the next step would be to hire a personal injury attorney. Personal injury attorneys work on a contingency basis, meaning that you do not pay unless they win the case for you, and then it will come out of your award. But that also means that lawyers are going to take the cases that they are very fairly certain to have a chance of winning. This is why a lot of personal injury attorneys, such as The King Law Firm, also offer free consultations.
During your initial consultation expect to answer a series of questions, to recall the details of your accident and relevant details about the extent of your injuries. There are questions that you should have prepared, too. These questions include:
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If I lose, am I responsible for case-related costs?
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How much experience do you have trying personal injury cases similar to mine?
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How long will it take to resolve a case like mine, in your professional opinion?
After you have had consultations at a few law firms, it's time to decide on which lawyer to choose based on your conversations.
Filing Court Documents
Your personal injury lawsuit officially begins when your attorney files your complaint with the court and the defendant is served papers. In this complaint, your attorney will identify the legal theories behind your allegations, the facts of your case, and what relief you are seeking.
Discovery
After your attorney has filed a lawsuit and the opposing parties respond to the lawsuit, both sides will begin to gather and obtain information related to the lawsuit. There are four key things that you're attorney completes in the discovery phase:
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Interrogatories: When the two sides exchange written questions and answers
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Requests for production: A legal request for documents
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Requests for admission: When one party admits or denies the truth of a statement under oath
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Depositions: Out-of-court testimonies that are used by the lawyers
This part of the process can take weeks or even months.
Settlement Negotiations
Your attorney will fight hard to get the amount that you deserve without having to put you through the agony of a jury trial, which can also delay when you get your compensation. Don't take a small settlement offer. Instead, hire an attorney who gets you what you deserve.
