When you are injured due to someone else's negligence, one of your initial reactions may be to sue the other person for the damages. You may not be aware that many injury lawsuits never go to trial. Here is what you can expect when it comes to the legal process for a personal injury case.
Find Your Lawyer
The first thing you'll want to do is find legal counsel to fight on your behalf. It will help to have assistance for the entire process, especially when it comes to negotiating a settlement or potentially going to trial. It will help you be prepared no matter what the situation is regarding your injury. At the very least, consult with a lawyer to find out if you have a strong case you can win.
File Your Complaint
Your lawyer can help assist with filing the formal complaint with the court system. The defendant is notified of the complaint, and they are given time to respond to it and get prepared for the next steps of the process.
Discovery is crucial for determining if your lawsuit will succeed or fail. It involves exchanging information between you and the defendant, which helps create an accurate picture of how your injury happened and how they are responsible. These are the facts that will be used to determine if your case can move forward or not, so all relevant information will be presented at this time.
There is the possibility that your case could be dismissed after discovery. This is used to prevent unwarranted lawsuits, as well as dismiss cases that are filed with the wrong type of court or in the wrong jurisdiction.
Since most injury cases are not taken to trial, yours will most likely settle outside of court. You will both agree on compensation for your injuries, save on legal fees, and avoid any issues with the details of the case being made public.
For cases that are not settled, a trial will be necessary for a jury or judge to determine if the defendant is responsible for the injury. The facts of the case will be presented, and a third party makes the decision about who is right and wrong.
If either party isn't happy with what the trial's outcome was, an appeal can be made. An appeal can be accepted or rejected, with the case being presented to a higher court to reconsider the outcome.
For more info on the process, contact a firm like Schey Piller Alspaugh & Wong PC.