The Process of Personal Injury Lawsuit
When your loved one has met with an accident or suffered an injury due to someone else’s negligence or carelessness, they have the right to get compensation from the responsible party. However, in situations like these, you may not be in the right emotional state to prepare the lawsuit again. This is why seeking help from qualified Hollywood personal injury attorneys is smart to do. While a reliable personal injury attorney will take care of all the processes, it is wiser to be aware of the same.
The injured person initiates a personal injury case by hiring an attorney and requesting a consultation. This is the step where the plaintiff and attorney discuss the matters of the case. Plaintiffs may be asked to sign a form, which authorizes the release of their medical records. Moreover, the lawyer would also want to know about insurance coverage.
Once you have finalized the lawyer, an official investigation process will begin. This process includes collecting and protective physical evidence, interviewing witnesses, acquiring pictures and videos of the scene, and liaising with the insurance providers.
Contacting the Responsible Party and Settlement Negotiation
Prior to filing the lawsuit, the lawyer will contact the party at-fault as well as his or her insurance provider. This is done to promote an out-of-the court settlement. In fact, a majority of personal injury cases are settled this way.
Based on the information and evidence gathered, your personal injury lawyer will send a demand letter, including a settlement amount to the insurer. Both the parties can even sit to negotiate the settlement terms. And, if both parties do not reach an agreement, then the actual suit is filed.
Filing the Complaint
Your personal injury attorney will file the relevant paperwork with the court in order to initiate the litigation process. The document filed is known as a complaint, which basically a review of the case that you have filed.
It highlights the involvement of pastries, plaintiffs claim, facts supporting the claim, court jurisdiction, and demand for justice. Once the complaint is filed, the defendant will acquire a notice with the timeline within which they have to pursue a dismissal or file an answer.
This is an important litigation process in which attorneys from both sides gather information, evidence, testimonies, and documents supporting their cases. Based on the facts provided by the lawyers, the court makes a judgment.
During the litigation process, a joint meeting is conducted between the plaintiff, defendant, and their lawyers, joined by a neutral party reckoned as mediator. This is the process where both parties talk about the possibility of a settlement.
The process of personal injury cases can get complicated. This is why you need to hire an experienced attorney to represent the case. The lawyer is responsible for handling all the aspects of the case. This allows you to focus more on the well-being of the loved one who has been injured.