The Stages of a Personal Injury Lawsuit

Although every personal injury or accident lawsuit is unique to the individual situation and can have many forms, there are basic, uniform stages of a personal injury case which do not alter much between different lawsuits. The following steps below help explain a guideline and untangle each step of the process so you can have a good understanding of what to expect in your own personal injury case. There are often confusing rules regarding court procedure, so it is better to have some insight into what complications may arise in your own situation.

Take a look at this resource to

have an idea of what to expect when first meeting with your personal injury lawyer or attorney

know which court filings will be involved at onset of lawsuit

How client and attorney exchange facts

how and why a case settles or ends before reaching trial

trial proceedings

how to collect on a judgement, and more.

Meeting with Your Potential Lawyer

The first stage begins with meeting an attorney you would like to represent your lawsuit, and establishing the foundation of your case. It is important to find an accident attorney who is highly experienced in personal injury lawsuits and successful verdicts. As injury lawsuits can become quite complex, and require serious evidence gathering, acquiring experts, witness testimonials, and more. Find an attorney who has experience and a detailed understanding of negligence law for your own benefit. The attorney will want and need to know all details of your case so he may decide whether he or she would like to take your case.

The length of the initial interview can vary depending upon the specific attributes of your case, and the circumstances which led to the injuries sustained. In the instance of straightforward cases, such as car accidents, the first meeting should not be complicated. Expect the meeting to be more complicated if your injuries are complex involving things like medical malpractice or injuries caused by defective consumer products.

How the Consultation Will Work

Often, the attorney will wait until you have told them all your details and explain what happened before they ask questions. It is crucial to be very honest when explaining anything and answering questions with the attorney so they may accurately provide the best solution for your case. You will need to provide facts about your medical treatment, other individuals who were involved in the accident, witnesses, etc. Also, be prepared to discuss practical aspects of your case, including the cost you should expect along the way, a representation agreement, and the numerous legal fees that may apply to your case.

What Your Lawyer Will Expect of You

You may be asked to sign a form authorizing the release of medical info from health providers. This will allow the attorney to access medical records on your behalf, should they take your case.

You will need to provide all information regarding your insurance coverage.

You must tell your lawyer who else you have discussed your case, details about the accident, and your injuries with. You will also need to let your lawyer know about anyone who has interviewed you regarding the accident, and whether or not you have spoken to insurance adjustors. Let your lawyer know what you have said to others, and whether or not you provided a written or recorded statement regarding the accident and your injuries.

Share the current status of your injuries with your lawyer if the physical signs are no longer visible.

What You May Be Advised To Pursue

If you have lingering pain, physical problems following the accident, or complaints, the attorney will most likely advise you to consult a doctor as soon as possible. This is crucial, because if you do not see your doctor with complaints but later decide to file a legal claim due to your injuries, the defendant can argue that you were never seriously hurt. In court, not visiting a doctor can indicate that your injuries were never that serious, and work against your case.

If the lawyer decides to take your case, they may wish to contact you later to discuss your specific legal actions. This is nothing to read into or take personally.

If the lawyer decline to take your case, it may be due to many reasons outside of the legitimacy of your case. Your case may be declined due to their own workload, personal responsibilities, or economic situation. A declined case may also be dependant on his or her specialties, and whether they feel that they could successfully represent your case. Do not take this personal, and it is always wise to get a second opinion from a different attorney. The lawyer may even refer you to another lawyer they know will be able to handle your case in the current situation.

The lawyer may ask you to sign a retainer contract and/or other forms of agreement to representation. Always read the contract thoroughly before signing it.