When you have been in an accident due to somebody else’s negligence then things can seem very confusing. There will be personal injury lawyers involved, insurance companies, and court dates to manage. All of that is on top of healing and recovering from your injuries
To get through this process it is important to know what to expect. The more understanding you have about it then the better organized you can be for better results. How it goes does depend on how the injury occurred since it could have been caused by your employer in which case there are protections in place. If it were caused by a negligent driver then you are dealing with a lot of insurance companies. In this article, we will go over what the process is like so you can get familiar with how it will go.
1Lawyer consultation
When you are making a personal injury case it is important to find the best route forward to get the most complete compensation possible. This is not going to be possible on your own. The first thing to do is consult with a personal injury lawyer. There are different types that all have a specialty so it’s important to have a consultation with an expert in your particular type of accident.
For instance, if you were injured at work you would want to find a workplace accident attorney. If you were walking and hit by a car then look for a local pedestrian accident attorney.
During the consultation, your lawyer will need to see proof of the injury and also any related expenses caused as a result of the accident. They won’t simply take your word for it so make sure to have proof. Having some testimonials from witnesses will also be helpful.
2Filing the complaint
If the lawyer agrees to take on the case, then they will file the relevant paperwork to make a claim. The process usually begins in a civil court in the jurisdiction where the accident happened or the claim is filed.
The complaint will detail how the accident happened and outline where the person in question was negligent which caused the accident. This is the point where you will make it known how the accident caused your injuries and what the result of the injuries was financially and emotionally.
3How the settlement goes
There comes a point in which the defendant will either offer a settlement to avoid going to court. They will sometimes rather pay out ahead of time figuring that it is going to be more costly to go to court. If it does go to court then the judge will determine if the defendant is at fault and award compensation to you.
Whether you should accept a settlement out of court or decide to continue on and get before a judge is a subjective matter. You could end up getting more money by court’s order, but it could take a long time and there is a risk that the judge will award less than the settlement offer.
