Stages Of A Personal Injury Case

Insurance Claims And Working With A Personal Injury Attorney

As soon as you are in an auto accident, contact the police and your car insurance company.

In situations that call for personal injury lawsuits, it's best to hire a personal injury attorney.

If you live in a no-fault state, you might still be able to sue and get reimbursed for damages and expenses such as:

• Medical expenses

• Lost wages

• Auto repair bills

Regardless of the state that you live in, your attorney will contact the defendant or the defendant’s attorney to notify them that they are being sued. Some states allow defendants up to three weeks to respond to personal injury lawsuits.

The defendant will either admit guilt or state that they did not cause the accident. They might also file a countersuit against you and state that you were the one responsible for the car accident.

During preliminary motions the below determinations will be made regarding your case:

• Location of the mediation case.

• Date and time of the mediation case.

• Whether or not the case should be dismissed or moved to a higher court.

Prior to the actual mediation case date your attorney or one of his representatives will meet with you to conduct a walk-though of the case. You will be told what to expect during the mediation. Rather than having your case reviewed by an actual judge, your personal injury case might be handled by an official mediator.

Be prepared to answer questions related to the actual auto accident. Also be prepared to defend sworn statements that you made to your car insurance company’s claims adjuster or to your attorney.

More On Stages Of A Personal Injury Case

Should both parties not be able to reach a resolution after the meditation, your case will move to the discovery stage.

During this stage your attorney will contact other drivers, passengers, and pedestrians who witnessed the auto accident. Your attorney will interview these witnesses, drivers, passengers and pedestrians to get more details on what happened on the day or night of the car accident.

More detailed evidence about the car accident is gathered during this stage. Both your (the plaintiff) and the defendant’s attorneys will conduct a more thorough investigation of the accident during this stage to determine who was actually at fault. The attorneys will also be working to determine the actual extent of damages that you suffered during the collision.

At the end of the discovery stage, both attorneys will meet and motion to have the case resolved either with or aside from a trial. Even if both attorneys ask to have the case handled absent a trial, the judge assigned to the case can motion to have the case go to trial.

If the case goes to trial your attorney the judge will set a date for the trial. Personal injury cases are decided in front of a judge only or by a jury.