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December 07, 2019

What Are the Steps to Filing a Personal Injury Lawsuit?

If you are filing a personal injury lawsuit for the first time, you may be wondering “what are the steps to filing a personal injury lawsuit?” We recommend that you visit our office so that we can answer any questions you have in person. In the meantime, here are the basic steps in the legal process of seeking compensation.

1. Meet with a Personal Injury Lawyer

You have the right to file a lawsuit on your own, but it is not recommended. It is within your best interests to work with an attorney who understands the process and can ensure that your rights are protected. You can schedule a free consultation with our office to receive in-depth information as it pertains to your unique case.

2. Start Your Case

During your consultation, we will ask a variety of questions to better understand what happened in your accident and who could be responsible for your injuries. After this initial evaluation, we will have a better understanding in regards to who might have been responsible and should be sued. Initial court papers will be filed once we are officially retained.

3. Discovery

The discovery process allows us to gather information and evidence that can be used to prove the other party’s negligence. During discovery, we may gather documents such as the accident report, witness testimony, and pictures. If necessary, we will also conduct a deposition to ask the other party questions while under oath.

We also need to gather information from your doctor to determine the extent of your injuries and the impact these injuries have had on your quality of life. Reviewing things like medical records and bills will help us in building the financial aspects of your case.

4. Settlement Negotiations

With this information in hand, we can issue a demand letter for the other party to review. Settlement negotiations may then commence and, if they are willing, we will go back and forth until a favorable settlement agreement is reached.

We can represent you during this entire process to ensure that you are treated fairly and get as much money as possible for your injury claim.

5. Trial

When the other side does not make a fair settlement offer, your best recourse is to go to trial. At trial, we will present the evidence, interview witnesses, and make a strong argument for why you deserve to be compensated. The other side will likely argue that they should not be responsible or that they should pay as little as possible.

A jury will ultimately make the decision regarding what amount to award you if court does become necessary.

6. Judgment and Collection

If you are granted a financial award, the other party will have a set period of time to pay. If they fail to do so, we can discuss recourse and collection options.

7. Appeals

If you or the other party is not satisfied with the verdict, either party has the right to appeal and may choose to do so. In this case, you cannot collect on your judgment until the appeals process is complete.

What Are the Steps to Filing a Personal Injury Lawsuit?

This list breaks down the basic steps at a very general level. For more detailed information, schedule an appointment with our law firm. Get started in filing your lawsuit by speaking with an attorney at Dickson Kohan & Bablove, LLP. We will handle all legal aspects of the case and make it as easy as possible for you.

Schedule a free consultation by using the contact form below or by calling 1-844-404-2400.