5 Facts About Filing A Personal Injury Lawsuit

If you’ve never had to file a personal injury lawsuit, you might assume the process is seamless and quick. You may also believe that if it’s “obvious” the defendant is guilty, compensation will follow swiftly. However, an experienced personal injury attorney will tell you otherwise.

“Many things go into filing an acceptable personal injury lawsuit. When you miss the fundamentals, your case becomes flawed and risks being thrown out. Imagine sustaining severe injuries due to someone else’s negligence and still missing the opportunity to hold them accountable,” says personal injury attorney Felix Gonzalez of the Felix Gonzalez Accident and Injury Law Firm.

This piece discusses five crucial facts you should know about instituting a personal injury lawsuit:

Fact One: You Must Understand The Timing

Timing is crucial to every personal injury lawsuit. You should know the right time to start. Although some may claim that “any time is a good time to file a suit,” they often fail to mention that outcomes can vary significantly.

The court is a place for serious business. Thus, you must have a good reason for suing someone or an entity. You can file a personal injury lawsuit when a person or institution negligently harms you, and you have evidence for your claim.

Specifically, you have a potential good case at hand if someone who owes you a duty of care fails in their duty, leading to your injuries. For instance, if you slip and fall in a store due to a wet floor, you can hold the management accountable for your injuries and losses because they fail to maintain their environment.

Similarly, you can institute a product liability lawsuit against a firm if their defective product harms you. What if a dog owner fails to control their dog, causing it to bite you? It is also a veritable ground for a lawsuit.

If your loved one is sick and a physician treats them poorly, compounding the illness or causing another health issue, you can sue them for medical malpractice.

There are many other circumstances that can warrant filing a personal injury lawsuit against an individual or entity. However, the biggest hurdle has always been evidence. If you know you lack sufficient evidence to support your claims; it may not be the appropriate time to sue the at-fault party.

Fact Two: Getting An Attorney Passionate About Your Case

Although numerous personal injury attorneys are scattered across the country, it is essential to state that not everyone will fit into your case. You cannot afford to engage any available or accessible lawyer and expect a positive result for your case.

Carefully seek a local personal injury attorney who has handled several similar cases. Ask within your circle to see if family or friends can recommend someone for the job. If they have no recommendations, you need to go deeper by researching.

Search online for “personal injury attorneys near me,” and carefully review the results. For instance, you can ignore anyone with less than a four-star review. Read their feedback to know what past clients are saying about them.

After your diligent search, contact a preferred attorney for a physical meeting. Your first appointment will also allow you to assess the attorney’s suitability for your case.

Narrate the incident to the attorney so they can determine if you have a case. They will also determine if they are the ideal lawyer for the case.

After resolving these fundamentals, you can discuss the mode of communication, feedback, and fee structure. Most personal injury attorneys charge contingently; you will agree on a given fee after they have recovered compensation for you.

Fact Three: The Burden On The Attorney

The lawyer will get to work immediately after agreeing on the basics. They will inform the concerned parties of your intentions to file a lawsuit against them. This is to allow the other party to kick-start their legal preparations.

Your attorney will thoroughly investigate your claim. They will gather evidence that supports your claim. Some helpful pieces of evidence include medical records, police reports, contact details of witnesses, and pictures or videos.

Lawyers usually engage investigators to do this groundwork. If the firm does not have investigators, it may need to hire some for your claims to scale through.

Fact Four: What Transpires During The Discovery Phase?

You must present all the available evidence during the case’s discovery phase. The defense team will scrutinize them to determine the potency of your evidence. They may opt for a settlement if they discover that you have a heap of evidence against them.

If this is the case, they will meet with you to offer an amount. Your lawyer will consider the offer and turn it down if it is not good enough. First-time settlement offers are often low, which is why you should trust your attorney to handle negotiations and counter-defense tactics.

Though about 95 percent of personal injury cases end in settlement, you will proceed to trial if yours is one of the few exceptions.

Fact Five: The Trial Process

Trial is the last phase of every personal injury case. At this point, your fate is in a judge’s or jury’s hands. The trial can last for days or a few months.

Although your attorney can handle the entire litigation, you may need to get on the stand and testify if it will bolster your chances. You can sympathetically appeal to the jury for a favorable result, especially when it is evident that the defendant is at fault.

Conversely, the defendant can also mount the stand to share their own side of the story. They may provoke you during their narration. You should keep your eyes on the goal and remain calm.

Ultimately, the jury will decide after listening to the two sides. The potency of your evidence and presentation will largely determine the outcome in this circumstance.

Parting Words

Filing a personal injury lawsuit is not child’s play. That is why you must involve a professional if you want to strengthen your chances. A personal injury attorney will be strategic about the process and will present an acceptable lawsuit.

Litigation can be emotionally and psychologically demanding, but an experienced attorney can guide you through the process with their expertise.

Read Also:

• 6 Questions You Should Ask Your PI Lawyer Before Hiring Them
• Atlanta Personal Injury Attorney: Why Having Them Makes a Difference!
• Understand Strict Liability in Personal Injury Cases: Key Insight