7 Simple Steps To Personal Injury Success

To be awarded with the compensation you deserve and need, your personal injury case must proceed through several steps. While you may wish to put the entire incident behind you, your case depends on this orderly and sometimes time-consuming process. Sometimes just knowing what to expect can help ease your stress level and enable you to cope better while you heal from your injuries. Read on to learn more about the 7 simple steps toward personal injury success.

1. Meet with Your Attorney

Personal injury lawyers commonly work under a contingency fee set up, which means that they only get paid when you get compensated. You will likely learn something about your chances for a successful outcome at your first meeting, when your lawyer, like Charlie Tucker P.A., evaluates the information you have provided and agrees to either represent you or not. Be sure to bring important information with you to your first meeting, such as your insurance information, the accident or police report and your medical expenses, so far. You will sign a representation agreement with your new attorney if they feel you have a good case, which will outline the fee details.

2.  Your Attorney Sends a Demand Letter then Files Suit

While the filing of the suit signals the official beginning of the case, your attorney will likely attempt to forestall going to court by sending the other party a demand letter. The letter will state who you believe is at fault and why, what your injuries are and a summary of your evidence. Since taking a case to trial can be expensive and time-consuming for both sides, the demand letter sometimes opens up settlement negotiations. If these negotiations are not fruitful, your attorney will then file suit.

3.  Deposition

This is similar to a trial before the trial. All parties give recorded testimony that may later be used in court. Questioning is done under oath, but no judge is present. A successful deposition offers yet another opportunity for the other side to present you with a settlement, particularly when you are able to produce compelling evidence and witnesses.

4. The Trial

The trial proceeds in an orderly, but sometimes sporadic fashion. Delays are common and understandable, since people do become ill and sometimes witnesses need more time to appear, particularly busy professional witnesses like accident reconstruction experts.

5.  Two Main Motions

Motion to Dismiss: The insurance company for the other side is normally the defendant in personal injury cases, and this motion seeks to have the judge dismiss the case due to its lack of merit. These motions are very routine, so don't allow yourself to be dismayed at this action. Your attorney will probably be pleased for the opportunity to preview what could be the case against you.

Motions for Summary Judgment: This motion filed by the plaintiff (you) can occur at any time during the trial and requests that the judge render an advance ruling based on the evidence and testimony already submitted.

6. The Verdict

Once both sides have rested their case, the judge (or sometimes a jury) will deliberate and present or hand down a verdict.

7.  Collection

If your case was successful you can expect a fairly quick check from the other side's insurance company, unless an appeal is filed.

Be sure to discuss how personal injury cases are handled in your area.

 

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