Steps in a Personal Injury Lawsuit
Being injured by another person’s negligence isn’t something anyone wants to go through. You are probably dealing with physical injuries, medical expenses, time off work, and other emotional struggles. In some cases, an insurance claim will be sufficient to help you recover compensation so you can focus on recovery.
In others, though, the case may have to go to trial. Understanding the steps in a Peachtree Corners personal injury lawsuit can help you know what to expect and allow you to make informed decisions moving forward.
Step 1: Seeking Medical Treatment After the Accident
Getting immediate medical care after an accident is crucial for both your health and your legal case. Seeing a doctor helps to properly identify and treat injuries right away. It also provides documentation of when you sought medical attention, showing that your injuries are connected to whatever accident occurred.
Insurance companies will often use gaps in treatment to argue that you weren’t actually that injured, or that you were injured in another incident.
Step 2: Hiring a Personal Injury Lawyer
Legal guidance early on can make a big difference in your claim, and the sooner you start working with one, the sooner you can get started building a strong case.
Almost all personal injury lawyers offer free consultations, so you should start reaching out to a few as soon as possible after your accident. Working with an auto accident lawyer in Peachtree Corners, GA from the start means you’re less likely to make mistakes, and you’re more likely to have the insurance companies take you seriously.
Step 3: Investigating the Accident
Once you have representation, a thorough investigation becomes the primary focus. Your lawyer will do most of this. They can gather important evidence, such as police crash reports, witness statements, medical records, video footage, black box data (if applicable), photos of the accident scene, and anything else that will help prove the claim. The exact evidence they gather will depend on the type of accident you experienced and what is available.
Step 4: Filing an Insurance Claim and Negotiating
Before a lawsuit is filed and court is even considered, your lawyer will file an insurance claim with the appropriate company. The goal is to seek compensation for any injuries you suffered and the expenses related to them.
Your Peachtree Corners injury lawyer will draft a demand letter outlining what you are requesting and why you should receive it. In most cases, the insurance company will come back with a lower amount, and your attorney will then negotiate with them to see if a middle ground can be reached.
Step 5: Filing the Personal Injury Lawsuit
If an insurance settlement cannot be achieved, you and your attorney can discuss and decide to file a personal injury lawsuit, generally against the defendant who caused your injuries. This allows you and your attorney to present your case in court to seek the outcome you’re hoping for, rather than accepting a settlement that won’t cover your losses.
Step 6: Discovery
Discovery makes up one of the longest parts of litigation. It’s the phase in which each side must share facts and evidence related to the case. Both plaintiffs and defendants also participate in interrogatories and depositions, and sometimes independent medical exams are ordered.
Step 7: Settlement Negotiations and Mediation
Even once a lawsuit is filed, negotiations are generally still ongoing. Sometimes mediation will occur to help the parties reach an agreement without going to trial. Most cases resolve at this point or earlier, but some will eventually go to trial.
Step 8: Trial
If mediation fails and a settlement still cannot be reached, the case goes to trial. Both sides present their stories, offering witnesses and evidence to prove their claims.
This process may include witness testimony, expert testimony, and evidence of injuries and other impacts the accident has had on the victim’s life. The judge or jury then deliberates and reaches a decision on who was responsible for the accident and how much, if any, money the victim should be awarded.
Personal injury lawsuits can be complicated, but this at least provides an overview of what to expect. You should always speak with a lawyer to help you take the right steps and maximize your compensation. Our team is here to assist. Contact us today to schedule a free consultation.
