What is the Personal Injury Lawsuit Process?
Posted August 10th, 2021 by Anthony Carbone.
Categories: Personal Injury.
Every personal injury claim is different and has unique details leading to the accident. However, there are general landmarks you should follow to increase your chances of winning the case. One common factor in all the cases is the need to use a legal expert for advice and representation.
The defendant and their insurance company will not always gladly pay you the deserved amount. Call a Jersey City Personal Injury Attorney to get started on your claim. Here are the steps involved in a personal injury lawsuit process:
Hiring an attorney
As discussed, the first and the most critical step in the process of your lawsuit is to hire an experienced attorney. Here, you want a lawyer who has worked on several other similar cases and emerged victorious to handle your case. A lawyer is essential because every case requires proof of negligence to be successful. You will agree on the fees and sign a contract with your lawyer before they embark on handling your case.
Filing the complaint
Once your attorney has studied the facts and concluded that you have a case, they will file a personal injury complaint with a civil court. This document is broad and includes details about the accident and how the defendant’s actions resulted in injuries to the plaintiff.
After filing a claim with the proper civil court, your attorney now has to locate the defendant and serve them the complaint. This means that they take the complaint to the defendant, ensuring they use a means that can be verified. Otherwise, the defendant could claim that they did not receive the complaint. The complaint is accompanied by other papers requesting the defendant to appear in court on a specific date.
Discovery
By now, the defendant has already found an attorney to represent their interests. The insurance company automatically appoints a lawyer to represent the defendant, but the lawyer also represents the company. This is why most people prefer having their legal representatives.
The next stage is the discovery or pre-trial, where both sides ask for witnesses and any other evidence to determine its credibility. At this stage, the defendant can argue that the plaintiff will never win the case with the evidence and request the judge to dismiss the case. If this does not happen, the case proceeds to trial, and a date is set.
Trial
All personal injury lawsuits require that the plaintiff proves negligence if they are to win the case. This means that they show the court that:
- The defendant owed them a duty of care.
- The defendant neglected their duty of care or acted carelessly
- The defendant’s actions caused the plaintiff’s injuries
If they can prove this, the judge or jury finds the defendant guilty and determines the settlement. The defendant can appeal the decision.
Contact the Law Offices of Anthony Carbone
With the proper representation, they can settle your case without going to court. Our experienced Jersey City Personal Injury Attorney will collect evidence, draft a demand letter, and handle all negotiations to ensure you are rightfully compensated. Book a free consultation online or call the offices at 201-829-3805.
