When someone is injured in an accident, they need financial compensation to pay for medical bills, lost wages and other expenses. In some cases, they also want to be compensated for the pain and suffering that they endure. Whether you have been in a car accident, suffered a slip and fall on another person’s property or have been hurt in some other way, an experienced personal injury lawyer can help. But what does it take to get a fair settlement or award? The answer depends on a lot of factors.
For example, one of the first steps is for your attorney to interview you about the accident and your injuries. Your lawyer wants to know as much as possible so that there are no surprises down the road. This process can take a few weeks or months. Next, your lawyer will get all of your medical records relating to the accident. They will need to be able to clearly see the extent of your injuries and the effect they have had on you and your family’s life. This is a critical piece of information that can make or break your case.
After this, your lawyer will send the insurance company Personal injury lawsuit process explained by professionals or the at-fault party a “demand package.” This is a document that describes how you were hurt and what damages you have incurred. It also demands that the at-fault party and their insurance company pay for your injuries.
The insurance company will usually reply with an initial offer. This is their attempt to settle the case quickly and avoid a trial. They are for-profit businesses and paying out on injury claims eats into their profits. This is why you should never speak to an insurance company on your own. Your lawyer will protect you and ensure that you do not accidentally settle for less than your case is worth.
If both sides cannot come to an agreement, they might agree to participate in mediation. Mediation is a flexible form of alternative dispute resolution in which both lawyers and the clients meet with a neutral third party who can facilitate a solution to the claim. This is a common step before taking the case to trial, and it can be very helpful for both parties in getting the best result.
If both sides still cannot come to an agreement, the case will go to trial. A judge or jury will hear the evidence and issue a final ruling on the amount of the resolution due to the plaintiff. If you are seeking a large amount of money for your claim, it may be necessary to go to trial in order to get the maximum amount of compensation that is available to you. However, an experienced lawyer can negotiate with the defendant to try to reach a fair settlement without the need for going to court. If a trial is necessary, it can take several months to a year for your case to be resolved.