If you have been injured due to another person’s negligence, you may want to pursue a how to do a personal injury lawsuit. While the process of filing a personal injury claim is different for every case, there are some general steps that most personal injury lawyers follow.
First, you’ll have to file a lawsuit with the court and serve it on the defendant. This document will outline the facts of your accident, the at-fault party, and the damages you are seeking. You will also have to provide an attorney’s name and contact information, along with a summary of your injuries and losses.
Once you have a complaint, summons and attorney’s contact information in hand, the next step is to get medical records for your injuries from each doctor and hospital. Your lawyer will use these records to prepare a bill of particulars, which includes detailed descriptions of your injuries and the treatment you received for them.
During this stage, your lawyer will review all of the documents that are available and make sure everything is organized correctly for court. In addition, a preliminary conference will be scheduled.
After this phase, your personal injury attorney will begin to negotiate with the defense insurance companies for a settlement of your injury claim. This process can take weeks, months or even years.
The goal of this is to get you the maximum compensation possible for your case. Your lawyer will review all of the medical bills, lost wages, and other costs to determine how much they are worth.
Once we have a firm grasp of how much your injury claim is worth, we will be able to present that information to the defendant’s insurance company. Then, a negotiation can start, usually over the phone or in person.
In most cases, the defendant’s insurance company will try to offer you a settlement before your complaint is filed. This is known as the “Discovery” phase. It’s a good idea to have your personal injury lawyer write a letter of demand for a specific dollar amount before this occurs. The goal is to get a reasonable number that won’t be too low or too high, so you can negotiate with the insurance company.
If the insurance company doesn’t agree to this number, it’s time for a trial. At trial, your case is presented to a jury of your peers.
The court will then determine whether the defendant is liable for your injury and how much they should pay you. This is the point where you will have to decide whether you would like to go to trial or settle out of court.
A jury trial is typically the best way to ensure that you receive the highest compensation for your case. However, it is important to remember that a jury does not always award you the maximum amount of money. In fact, you could end up with a verdict that is less than you deserve.
Taking your case to trial can be a daunting experience, but it’s a necessary one in order to achieve the justice that you deserve. Your personal injury lawyer can make this process easier on you by keeping you updated and presenting the best possible case for you in court.