Steps to Personal Injury Cases
If you are involved in a personal injury claim, it is important that you know what is happening around you in the legal world—or at least have an idea of the steps to your personal injury case. Listed below is a basic outline of these steps and what you can expect during them:
- Notice of Representation: After you hire an attorney, such as those at Donald A. Shapiro, Ltd., your lawyer will send a notice of representation to the negligent party and his/her attorney. From this point on, they will have no direct contact with you—all communication will go through your attorney.
- Review Medical Treatment, Costs, and Damages: In order to properly evaluate your case, your attorney will need to collect evidence such as medical records/bills, lost wage information, and property damage reports. To do this, you will need to sign several authorizations.
- Evaluate Your Claim: After reviewing all relevant records, your attorney will assess the case in terms of damages and begin to negotiate a settlement. Occasionally, the case will be settled without a lawsuit. And, sometimes, insurance companies will wait until a formal lawsuit is filed to begin serious discussions of settlement.
- Injury Lawsuits: In the cases where a settlement cannot be reached through negotiations, a lawsuit will be filed. Upon filing, your attorney will arrange for a summons to be delivered to the defendant. The defense now has 30 days to respond; if they fail to respond, your lawyer can bring a motion for default judgment.
- Discovery: The discovery stage is where both sides are granted the opportunity to investigate the case, interview each other or third parties, and gather evidence to support or refute your claim. It is an opportunity to build the strongest case possible.
- Disposition Motions: For the next several months, there is a period of disposition motions. Each party can bring motions to the courts to either dispose of the case before reaching a jury or to set the rules for trial.
- Pre-Trial: A judge will meet with both parties and review the evidence that will be presented. Many times the court will offer a settlement to prevent a trial or send in a third party to negotiate and reduce the issues heard at trial.
- Jury Selection: Attorneys from both sides are given the opportunity to question the potential jurors to identify biases. Selecting the right jury can have a direct impact on your case, so be sure that your attorney is skilled and knowledgeable about human behavior.
- Trial: Trial is the process of taking your case before a judge or judge/jury to resolve your legal matter. This process may take time due to overcrowded dockets.
- Appeal: If, after the verdict, either side is unhappy, the case can be taken to the Court of Appeals. This is another long and rather expensive process, and very few verdicts are actually overturned. Be sure you are fully committed to this action.
If you or a loved one has been seriously injured due to someone else’s negligence, you may be eligible for compensation. Consult your personal injury attorney for advice and representation; an experienced lawyer, like those at The Law Offices of G. Oliver Koppell & Associates, can guide you through each step of the process, make the claim as painless as possible, and fight for the compensation you deserve.