Few people have handled multiple personal injury cases. Not only is the process probably foreign to you, but your injury’s damages are enough to handle on its own. Don’t worry, a personal injury lawyer in Rochester is here to explain what you can expect when you’re seeking the compensation that you deserve.
First, Meet With Your Attorney.
The first step in facing any legal matter is to retain the right attorney for your case. The “right attorney,” means someone that understands your losses and the goals for your case, has a strong educational background, a track record for success, and a good standing reputation.
Taking the time to read reviews and consult with attorneys will give you a good idea of who they are and what they stand for.
Beginning the Case
1. Your Attorney Will Kickstart Your Investigation.
The point of your initial investigation is to determine (from a legal standpoint) if a civil personal injury lawsuit will get you the compensation that you feel you deserve. Determining who is at fault for your injuries is critical, among these other things:
- Type of personal injury case.
- Amount of losses resulting from the accident.
- Worker’s compensation application.
- Insurance coverage.
2. Your Lawyer Prepares/Files Paperwork on Your Behalf, Paying Attention to Deadlines.
Sometimes your attorney may need to file an insurance claim, but in most cases, your attorney will file a lawsuit against the opposing party. This must be within the statute of limitations, or a certain time frame for it to still be a valid case. There are always exceptions to the rule, so be sure to discuss this will your attorney.
3. The Discovery Process Begins.
Discovery means sharing information with the opposing party. This is typically the longest part of the case, which usually includes:
- asking questions (interrogatories)
- obtaining documents
- sworn statements (depositions and affidavits)
4. Try to Settle Out of Court First.
Ideally, the opposing party will comply to your request for compensation. At the very least, each party will negotiate until you feel comfortable with a settlement that fully compensates you for your physical, financial, and emotional damages.
5. If No Settlement Is Made, The Case Continues To Trial.
When you go to trial, each side will present evidence that was found during the investigation and discovery. Witnesses can also testify to further support your case.At the close of all evidence, the jury will deliberate and return its verdict.
You should know that your trial will be split into two phases: determining liability and how much damages you should recover. Sometimes,the party may admit liability, so the court will only have to focus on damages.
6. Judgement Is Given, And The Case Is Resolved.
After the jury returns its verdict, the court will enter a judgment. If you’re unsatisfied with the judgment, then you always have the option to appeal!
This process can be intimidating to navigate alone, especially if you don’t have a legal background. Hiring a personal injury attorney not only provides peace of mind, but it also ensures that you have someone on your side that won’t settle until you feel satisfied and rightly compensated. Contact our personal injury attorneys today to learn more about what you may be facing in trial or how we can help you come to a settlement agreement.