When you suffer a personal injury as a result of someone else’s negligence, you may be entitled to compensation for your injuries. To receive this compensation, you will generally need to file a personal injury lawsuit if the insurance company refuses to compensate you fairly for your injuries.
First and foremost, you will meet with a personal injury attorney, who will evaluate your case and determine the ”value” of your case. When discussing value, the attorney will review your medical expenses and your claim for injuries as well as who was primarily at fault for the accident.
At this initial meeting, you will need to share the details of your accident with the attorney. Without the details, the attorney will have a hard time valuing your claim. It is also at this time, after hearing all of the details, when the attorney will be able to determine what damages you have that entitles you to compensation.
If the attorney takes your case, it will most likely be done on a contingency basis. This means that you will not have to provide your attorney with a retainer. Instead, he/she will only receive compensation if you are awarded funds through a settlement or a judgment. The amount of the compensation depends upon your attorney but most attorneys require a 33% contingency fee.
Once you have met with your attorney, he/she will first attempt settlement with the insurance company. If this fails, then your attorney will commence legal proceedings by filing a complaint with the Court. This begins the lengthy process of the litigation – the discovery process.
Discovery is the legal term known as the process where the parties attempt to find out as much information about the accident, what caused the accident and the injuries sustained. This almost always involves you signing a HIPPA release allowing the other side to obtain your medical records so they can evaluate the injuries, as well. If you are making a wage loss claim, the other side will most likely seek records from your employer to determine the reasons for the missed work, the amount of time missed and determine your prior work history. In turn, your attorney will seek information from the insured driver who hit you. You may also be required to give a deposition, where the opposing attorney will ask you questions under oath regarding the facts of the accident and your injuries. You will also be asked about your personal medical history to determine any pre-existing injuries. Opposing attorney may also take depositions of your treating physicians and employer. Finally, your attorney will most likely take the deposition of the driver who hit you.
At any time during the discovery process, either side can file motions with the court seeking definitive rulings on particular pieces of evidence. Further, either side will most likely prepare and serve the other side with Offers of Judgments, which are formal offers of settlement that attach consequensces, should either side refuse to accept. For example, the other side offers to pay you $50,000, which you decline. If you go to trial and the you are only awarded $45,000 then you could be responsible for their attorney’s fees. This will be explained to you in detail by your attorney.
If you and the other party fail to settle the case out of court, the court will schedule the case for trial. Because courts are very busy, your trial date could be set for a minimum of one year from the date of filing or later. Your trial will most likely be a jury trial, where your peers will hear all of the evidence and determine who was at fault and what, if any, damages you are entitled to for your injuries. If you are awarded damages, then most likely the insurance company will be paying on behalf of the losing party. If the individual is responsible for paying, then you may have to seize bank accounts or garnish wages, however this is something that you and your attorney will discuss during settlement negotiations prior to trial.
It is important to note that trials are very lengthy so many attorneys recommend that it is best to settle a case. However, in the end, it will depend upon the facts of the case, which you and your attorney will discuss.
This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws of your jurisdiction. This article does not create any attorney-client relationship.