What Does Filing A Legal Lawsuit For Personal Injury Involve?

Written by Aara Jones
4 · 29 · 19
What Does Filing A Legal Personal Injury Lawsuit Involve?

A personal injury can result from almost as many reasons as there are injuries. Some may be involuntary and others may be due to someone’s negligence or intentional act. Personal injury lawsuits are pretty common in all of the USA.

Personal injury claims are specifically those dealing with someone getting physically or mentally injured due-but-not to their own acts. The person who suffers the injury can file a legal suit claiming compensation for their suffering and pain.

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Stage-1: The Plaintiff Files A Suit Against The Defendant

The very first stage of the legal lawsuit begins with the identification of injury of the plaintiff. This is to estimate the extent of damages and gravity of the incident. Depending upon the state, there are exclusive limits for filing a personal injury lawsuit.

Once the injury is identified, the plaintiff should look for a personal injury lawyer such as Theyec injury lawyers. This is to ensure that the case is viable in the court and make sure that there are no mistakes during the procedure of filing a lawsuit. There on, the plaintiff can proceed at every step guided by the professional experts of the field that they receive a justified compensation in the form of monetary benefits from the defendant.

Stage-2: The Defendant Hires An Attorney And Prepares To Defend

While the plaintiff carries on with the legal proceedings, the defendant also prepares for facing the suit in the court. It is only after the plaintiff informs the defendant about their liability for their injury, that the plaintiff can file a lawsuit.

Once the case is filed in the court, the defendant would likely try to make sure that the matter resolves outside the court. For this reason, the defendant must also look for a personal injury attorney.

If not win the case, the personal injury lawyer would in fact at least try to bring down the monetary compensation to be paid. Whereas, while the personal injury lawyers work on a contingency fee for the plaintiff, it is unsure that they work the same way for the defendant.

Stage-3: The Case Is Resolved Either Out Of Court Or Through Legal Trials

In most of the personal injury cases, the attorneys would try to resolve the case outside the court. This is for the obvious reason that the court proceedings are tedious and tiresome. The attorneys can negotiate on the claim terms, on the behalf of their respective clients.

While the attorneys negotiate, it solely depends upon the parties to decide whether to agree to the terms of the claim. In case, either of the parties disagrees with the terms, they can proceed with the court trials. Once, the case is in court, the attorneys would develop, investigate, and proceed with the trials as mandatory by the state laws.

Almost every personal injury case, no matter how different it is, has to pass through these stages. Although every case is different and requires expert skills, they are still the same in their essence.

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Aara Jones