What to Expect When Pursuing a Personal Injury Settlement
The first thing to do after experiencing a personal injury is to get medical attention.
If the injury is due to the negligence or recklessness of an organization or individual, you have the opportunity of claiming damages.
You can receive compensation for things like medical expenses and lost earnings. You can also sometimes receive financial compensation for the pain and suffering the injury causes you.
So, the second thing you need to do after suffering a personal injury is to contact an experienced lawyer.
He or she will be able to give you free advice and help you gain a fair settlement. If necessary, a personal injury lawyer can also represent you in court to help you receive the compensation you are entitled to.
Negotiating a Settlement
With a reputable personal injury lawyer on board, he or she can make a demand for reparation to the responsible party or individual, or their insurance company. Typically, lawyers will deal with insurers.
Your attorney will have all of the specialist skills and experience to negotiate a fair settlement.
However, the insurance company, or another party, will try to get away with paying out as little as possible. That’s why it’s so important to hire a lawyer with strong negotiation and communication skills.
The negotiation stage will involve your lawyer and the other party making back-and-forth offers and counteroffers until a settlement is reached or it becomes clear that a settlement can’t be reached.
No Settlement? Your Personal Injury Attorney Will Take Your Case to Court if Required
If you’re offered a settlement that you’re satisfied with, your personal injury attorneys can accept the offer.
However, if no settlement can be reached during the negotiation stage, your lawyer can file a lawsuit, and the case can go to trial.
Filing a Lawsuit
If a lawsuit needs to be filed to help you gain a fair settlement, the process works like this.
First off, your lawyer will submit a set of documents, known as a complaint, to the court. The documents outline your claims and the amount of compensation you aim to receive.
Once the complaint has been written, the document is served to the defendant. The litigation period then begins, in which all relevant information is shared between each party involved in the lawsuit.
During the litigation process, you may have to give a deposition, which means testifying under oath while being recorded. Once the case goes to trial, your deposition and gathered evidence will be presented to the courtroom.
Evidence can include things like your medical records, photographs of your injuries, reports outlining the costs of medical treatment, and witness statements.
The judge or jury will then deliberate and determine which party is at fault and how much compensation you should be awarded.
Unless your case is tried as a bench trial, it is usually a jury who decides the outcome, rather than a judge.
When you have a personal injury lawyer who has experience with trials and strong communication and persuasion skills, the jury is more likely to award you the maximum amount of compensation; which will assist a little in helping you to get your life back on track.
Gaining a fair settlement for a personal injury claim becomes much easier when you have a skillful attorney on board.
You should have a free consultation with a prospective lawyer to determine whether he or she has the necessary skills and experience to handle your case.
Once you find the right personal injury lawyer, he or she can attempt to negotiate a fair settlement with the insurer or other party.
If a settlement cannot be agreed upon, your lawyer can file a lawsuit and take the case to trial to help you gain the compensation you deserve.