Every personal injury case is unique in its own way, it is imperative to note that some actions are necessary after an accident.
While you can do them yourself, it’s just better to let an expert in the form of a personal injury lawyer take care of it.
After an accident, these are the basic steps to consider with your personal injury attorney before your compensation claims will be processed by the insurance company or the at-fault party and paid to you or your loved ones depending on the gravity of the accident.
Following an accident, the first step to take would be to call the emergency services, with your name, location, and details of the incident.
If you are not conscious to handle this yourself, be sure that an eyewitness will make the call stating all that is necessary with the information he/ she has. The police will also arrive at the scene of the accident especially if it’s an accident that involves damage to property and loss of life.
Consult with a Personal Injury Attorney
It is important to consult with an attorney whose area of expertise is personal injury accidents and compensation claims. They’ll be able to assist you with the documentation, processing, and settlement of the personal injury case.
You need a personal injury attorney to put you through concerning what legal options you have and if the accident is a result of the negligence of the other party and whom to seek compensation from.
Your personal injury attorney will investigate the case with his team, when necessary he will collaborate with the necessary bodies, plan possible defenses as well as determine liabilities.
Demand a Package
Following the accident, as soon as you have been declared medically fit by your doctor, the personal injury attorney handling your case will demand a settlement from the at-fault party’s insurance company or attorney.
This usually involves negotiations between both parties; with the at-fault party’s insurer trying to pay you a few hundreds or thousands of dollars which they feel is the worth of your injury.
After negotiations between the insurance adjuster and your attorney, its either you agree to the settlement or file a personal injury lawsuit.
File a Personal Injury Lawsuit and Go Through the Discovery Phase
Because a settlement could not be agreed upon, your attorney will file a lawsuit seeking compensation from the at-fault party. But before then, is the discovery period when your attorney will need to gather evidence, photographs, and request for documents, law enforcement reports, receipts, bills, and medical prescriptions as well as depositions. After deposition, the court would usually offer mediation before the case goes to trial.
This is an alternative dispute resolution option, whereby both parties will attempt to reach an agreement without going to trial with the help of a neutral third party.
his is usually handled by a neutral party in the case who tries to help both parties avoid a trial as well as reach a favorable agreement. It is usually a serving judge or an alternative dispute resolution expert who moves between both parties to get them to agree on a settlement.
f both parties agree on a certain number during mediation then a trial will not take place, but if both parties cannot agree on a number then your Personal Injury Lawyer Brooklyn will represent your best interest in court.
If both parties can’t reach an agreement, even with the help of the mediator, then the case will have to go to trial.
Many times, trials do not take place for months or even a year after the lawsuit may have been filed. At the trial, the injured party has to prove to the jury that the at-fault party’s negligence caused him harm which in turn led to the injury/property damage he has suffered or may be suffering during the course of the trial.
During the trial, witnesses are called in to testify for or against each of the parties involved, eyewitnesses, law enforcement agents, medical doctors and anyone else who may be important in the case.
The jury has a special verdict to respond to, as they are the final decision-makers whose duties involve evaluating facts, determining fault and awarding claims to the injured party. If the plaintiff is not totally responsible for the accident, then the damages he gets to pay will be reduced, and if not he has to pay full damages to the injured party.
After the jury reaches its verdict, it is announced in court, the verdict is the decision of the jury concerning the case. After trial, the case may be appealed by the unsatisfied party.