Steps for a Personal Injury Case

There is no doubt about it that every personal injury case is different and unique, but in general each case should go through the same process even though there isn’t necessarily one way to handle every case. What we are going to talk about is an overview of what generally does happen with personal injury cases, and that’s something that everyone should have a better understanding of because it can help us all know what to expect under these unfortunate legal circumstances.

We’re very lucky to have teamed up with a personal injury lawyer phoenix to help us create this list of the steps that are involved with each case, so enjoy this article and feel free to click on the link above if you have any further questions or want to reach out to an expert personal injury attorney!

Consult an Attorney

The first thing you are going to need to do in the process is of course talk to your lawyer. In this consultation you are going to need to let the attorney know all of the details that happened with the accident, and whether the accident was caused by another person’s negligence or your own. You’re going to need to tell the lawyer about your injuries, medical costs and other legal options in general.

Investigating the Case

At this point your attorney will go ahead and investigate your case and what happened by looking through police reports, photographs, witness testimonies and other accident scene information. Your attorney will also look at medical bills and records, your employment history and what you’ve earned in recent years. There are also situations in which your attorney will have to speak to experts in certain fields, most likely the medical field for malpractice cases.

Demand Package

This is where you have to send a settlement demand to the defendant or other party involved with your personal injury. This could be a letter, and the other party will have the options to either reject the letter, make a counteroffer or accept the offer in the package. This is a big part of the process so it’s important to make sure you write a well crafted letter.

Filing the Lawsuit

If you can’t get things settled initially through your letter then you are going to have to have your attorney to file a lawsuit for the compensation you are owed.

Discovery Phase

This is when both parties are going to get more evidence from one another, and with this phase it’s important to understand that it’s not always all about what information you obtain, but how you obtain the information.

Mediation

Usually a mediator is a current or former judge, and they will try to bring the parties together in order to avoid a trial simply because going to trial is somewhat of a burden on the state and the resources that the judge’s oversee. You can get everything settled after a pretty lengthy battle at this stage, so it’s important to hire a lawyer who is experienced in these kinds of situations and can handle anything that could happen here.

Trial

If you can’t get the matter settled during mediation then the case will go to trial, and often times that will include a jury who will help handle the case.

Appeal

This happens every so often and it’s when the losing party in the trial appeals for a different trial process, pretty much like a re-do trial. Sometimes cases will get to this point, and if so it’s important to have someone on your side who is experienced in the appellate court system.