Many people think that claiming personal injury is a complicated process. When a personal injury victim files their lawsuit, they have to go through a procedure.
- If a person gets injured because of other’s carelessness, the first step is to consult an experienced personal injury attorney. He/she will tell you whether your claim is valid or not. Choose your attorney carefully because choosing an attorney is about winning or losing your case.
- Most personal injury attorneys don’t charge a fee unless your case is successful. The lawyer’s remuneration is based on a percentage of the total recovery of your compensation. Usually, it is 25 to 40 percent that is paid after the judgment of the case. Lawsuit loans are becoming popular in law firms. It means that a person or a firm can ask a third party investor to provide lawsuit funding in a personal injury case. In this case, the litigation finance company will invest a certain amount of money for a certain percentage of settlement the plaintiff receives for their case.
- Your lawyer will study your case at this point to fully understand how you got injured, and the extent of your injuries, damage, and costs. He or she will then contact the insurance company and will deal directly with the lawyer representing the party that caused you harm. Your lawyer will inform you about any negotiations and significant events throughout the trial. Your attention should be focused on obtaining the necessary medical care and returning to a healthy life.
- Most of the personal injury claims such as car accidents are resolved before the lawsuit. When your lawyer is negotiating with an insurance company representing the party that harmed you, your lawyer may be offered a money offer to settle the case. Your attorney will inform you about the settlement proposal and give his opinion about whether you should accept it or not. The decision is yours that if the settlement is acceptable or not.
- If the personally injured victim didn’t find any adequate settlement, the attorney would file a lawsuit in the court. The suit has three phases, and the judge will set a deadline for each of the stages. The court procedure could take several months to years, and it depends on the complexity of the case.
- The personally injured victim can request mediation at any time during the case. Mediation involves both parties, their lawyers, and a neutral mediator. The neutral mediator tries to resolve the matter between both parties with mutual agreement. Both parties present their arguments and participate in the settlement negotiations with the assistance of the mediator. Mediation is optional, which means that parties can accept or decline the offer.
- Both parties present their side in front of the judge or jury during the trial. After listening to both sides, the judge determines that whether the defendant is liable or not, and if he is guilty, the judge will decide that what amount of money the defendant will pay to the plaintiff.
- Sometimes the case is not over even after the verdict of the judge. The victim could appeal to a higher court to reconsider. It might take some time to distribute the monetary award. When you got the verdict of the judge in your favor, the attorney will pay the lien, if any, and then finally, the money is yours.