In matters of law, a personal injury is defined as any that results from another party’s reckless, careless, or negligent actions. When an accident is the fault of another person or organization, a victim may file a personal injury lawsuit for monetary compensation. These lawsuits are intended to provide compensation for the losses suffered by injured parties and to discourage the continuation or repetition of the behavior that caused their injuries. In order to successfully litigate a client’s claim, our personal injury attorneys perform extensive investigation and research in order to demonstrate that the defendant bears legal responsibility, or liability, for the injury. Our lawyers treat each personal injury lawsuit as the most important they have ever handled. To arrange an evaluation of your potential lawsuit, contact our attorneys today.
The Stages of a Personal Injury Lawsuit
#1
Starting a Lawsuit: Filing Papers
#2
Discovery: Investigation and Research
#3
Resolution Before Trial: Settlements
#4
Trial
A personal injury lawsuit can be very challenging, which is why victims should never “go it alone.” While many insurance companies are quick to offer settlements to a victim soon after an accident, we recommend contacting an experienced personal injury lawyer prior to accepting a settlement. Insurance companies typically offer minimal compensation in the hope that the victim will hastily accept an unfair offer. Don’t be deceived by such practices.
Our personal injury lawyers offer victims legal representation of an exceptional standard. We are experienced in handling claims involving mesothelioma, dangerous pharmaceuticals, traumatic brain injury, spinal cord injury, motor vehicle accidents, medical malpractice, wrongful death, and many other catastrophic accidents and injuries. Our personal injury attorneys can help you obtain the compensation to which you are legally entitled.
Remember, all lawsuits are not the same. The following descriptions are general and may or may not apply specifically to your claim.
Starting a Lawsuit: Filing Papers
At a consultation , your personal injury lawsuit will be evaluated. This preliminary evaluation can take many months or up to one year to complete, as considerable investigation and legal research may be necessary to determine whether your case has merit. After carefully researching and investigating your case, if we decide that your claim has merit, our firm will file the necessary paperwork with the proper court. These pleadings include the complaint (or petition), which outlines your case against the defendant. The civil complaint is then served on the defendant, who may respond by submitting an answer to the allegations.
Discovery: Investigation and Research
During this methodical process, our attorneys gather relevant information to support your personal injury lawsuit. Reconstructionists, engineers, physicians and other experts may be consulted. This step, during which many cases are won or lost, is essential to a successful claim. We meticulously research each of our client’s claims and prepare extensively for every case.
Resolution before Trial: Settlements
A majority of personal injury claims are resolved before reaching a courtroom through negotiated settlements among the parties involved. The defendant agrees to pay damages; in return, the plaintiff agrees to abandon any further legal action. We carefully weigh the pros and cons of any settlement offer and will advise the best course of action. We will never suggest a settlement unless we are convinced that it is in the best interest of a client.
Trial
If a settlement cannot be reached, our personal injury attorneys will take the victim’s lawsuit to trial. We will argue the case and allow a judge and jury to determine whether the defendant is liable for the injury as well as the amount of monetary damages the defendant must pay. If successful, our lawyers will then work with the client to ensure the award is promptly paid.
Schedule a complimentary case consultation with our personal injury attorneys for a lawsuit evaluation. We fight aggressively on our clients’ behalf and have achieved an impressive record of notable verdicts and settlements.
Common Client Questions
Personal injury litigation is a complex process. Our experienced personal injury lawyers can work effectively to recover monetary losses resulting from your injury., We litigate claims involving asbestos exposure, construction site accidents, product liability, pharmaceutical litigation, and automotive crashworthiness. Below we have compiled a list of common questions past personal injury clients have had. For information that is more specific to your case, contact us to arrange a case consultation and evaluation.
Do I have a case?
If you or a loved one has suffered an injury as a result of another individual’s or organization’s carelessness, negligence, or willful misconduct, you may have a valid personal injury lawsuit. In order to successfully recover fair compensation, our attorneys must prove that: 1) you are injured; 2) your injury was not pre-existing; and 3) your injury is the result of another’s actions. To have our lawyers evaluate your claim, contact us today.
How much is my case worth?
Each case is unique and must be valued individually. Factors that affect the value of a case include the degree of the defendant’s fault, the nature and extent of the injuries, the length of treatment and recovery time, whether there is comparative fault, and whether punitive damages are appropriate. Clients may be entitled to compensation for medical bills, rehabilitation costs, lost wages, emotional trauma and mental anguish, property damage, disfigurement, and pain and suffering.
Will my case go to trial?
At the earliest stages of a personal injury lawsuit, it is impossible to predict when, or even whether, your case will settle. To ensure that you are justly compensated, we cannot initiate settlement negotiations until your medical treatment is complete. Whereas many law firms handle their cases intending to dispose of them primarily with fast settlements, our attorneys are willing and able to bring your claim to trial to maximize your return.
How long will litigation take?
The answer to this question depends greatly on the court jurisdiction where your claim will be filed, the extent of your injuries, and the amount of treatment necessary for you to heal. In exchange for settling with an insurance company, a plaintiff must sign a release stating that he or she will no longer attempt to recover money from the insurance company or defendant. It is important that you are certain of your injuries and necessary treatment before signing such a release. Resolving a case prematurely often results in a smaller recovery.
Contact our personal injury attorneys for further lawsuit information. During your consultation, we will answer any questions you may have.