The Initial Stages of a Personal Injury Case
If you’ve been injured in a car accident, for example, and are not sure what to do next, working with a personal injury lawyer could be the best thing for your situation. Many people don’t have experience working alongside lawyers and may feel anxious about taking legal action against the party responsible for causing damages. However, personal injury lawyers better understand personal injury law and are there to help you as the injured person. They will value the attorney-client relationship and understand their legal duty to do all they can to get you the compensation you deserve.
A seasoned lawyer will guide you through the daunting process of filing a personal injury lawsuit and presenting your case. A lawyer will also help you, the injured party, recover damages for medical bills, lost wages, emotional or mental suffering, any necessary future medical treatment, and so on. If the accident was an intentional act, a personal injury attorney may even seek punitive damages on your behalf to make sure justice is served.
Here are the initial stages of personal injury cases and how an experienced attorney may be of help to you:
#1. Consult With a Qualified Personal Injury Attorney
When you first contact a lawyer specializing in personal injury claims, they will speak with you about the details of the accident to determine if your claim has merit. In order to prove a claim, you must be able to show the other party had a duty to you and was negligent in that duty. You must also show that you suffered damages because of that negligence.
If it seems like there might be something worth pursuing, then an initial consultation can help the attorney investigate and gather more information about how the injury occurred. At this stage, they try to determine if you have a valid personal injury claim and what kind of case it could be, based on the details you provide and their experience with the law.
#2. A Complaint Is Filed
Your attorney will file a personal injury complaint with the court if they believe that you suffered harm and truly have a case against the negligent party. This document is very important because it outlines the details of your case. It includes details on who is involved, how you were injured, and the damages incurred in the accident.
After this, the personal injury attorney has one month to locate the defendant and serve them with their complaint. The defendant must be served papers a way that it can be verified. This ensures that the defendant cannot claim ignorance of the lawsuit.
#3. Discovery
At this stage, you and your attorney will go through all the evidence; this may include any photos or videos you collected after the accident and paperwork on medical expenses. You’ll be asked to give a formal deposition where it’s verified that what was said during questioning is accurate and truthful information. The discovery phase is an important part of any case. During this phase, either party may move to delay or dismiss the proceedings based on possible settlement offers from the defendant.
#4. Trial
If no settlement can be reached and the case has not been dismissed, it is taken to trial. When you take your case to trial, the outcome will be decided by a judge or jury who listens to and considers all of the evidence presented. Your attorney’s job at this stage is to convince the judge and jury that the defendant has breached Florida’s Duty Of Care in your case.
The judge or jury will then decide whether you receive the requested compensation or not. If they think you don’t have a good case, your case will be dismissed. Your attorney will play a big role in determining if not you get compensated for your bodily injury and whether your case goes to court. Make sure you choose an experienced attorney who has vast knowledge and expertise in personal injury law.
#5. Knowledgeable, Aggressive Representation
The law firm of Kaire & Heffernan specializes in personal injuries and is here to help you get the compensation you deserve for your pain and suffering. With over 30 years of experience, our team of dedicated lawyers and staff fights hard on behalf of all our clients – because it’s what needs to be done! For a consultation with an experienced personal injury attorney in Miami, FL, please contact us online or call Kaire & Heffernan at 866-769-0123 for a free evaluation today.
