The Steps Of Filing A Personal Injury Lawsuit


If you were injured in an accident that was due to the fault of another party, you are likely entitled to receive damages. Damages refers to ‘financial compensation’ for any losses that you incurred as a result of the accident. These costs can be medical, can pay for property damage, vehicle repairs, or even missed wages due to recovery time away from work. While personal injury lawsuits vary from case to case, there are certain steps that dictate what happens in a personal injury lawsuit.

Step One: Negligence

When it comes to an accident and determining fault, the legal term is ‘negligence’. Negligence refers to the party that is mostly or completely at fault for causing the accident and any resultant injuries or property damage. Proving negligence is the single most important aspect of any personal injury lawsuit.

Negligence will be determined by a number of factors such as testimonials, depositions, and witness reports. It is important that if you are involved in an accident to never admit blame at the scene; any omission of guilt or partial guilt, no matter how misguided or wrong, can be used as evident down the road it the event that the claim goes to trial.

Hiring a Personal Injury Lawyer

The best thing you can do to ensure you receive the maximum settlement amount is to enlist the help of a competent and experienced personal injury lawyer. Your attorney will not only listen to your case and advise you on how best to proceed, they will also find any weak spots in your claim and work to build you the strongest possible case by maximizing your claim’s strengths, and downplaying its weaknesses.

Your lawyer will also be able to give you a ballpark figure on what to expect in terms of any compensatory amounts, and this will help you decide how you want to proceed.

A personal injury lawyer will also help collect all the evidence you need for your claim, which is mostly made up of medical records, accident reports, and witness testimonials. Your lawyer will help you make official requests for these documents and ensure that they are where they need to be in adherence to any deadlines within the claim.

Demand Letter

Your personal injury lawyer will also help you draft a letter of demand. This letter is written by the plaintiff (person who is making the claim) to the defendant (person the claim is being filed against). In the letter, the plaintiff clearly states their intent to pursue damages for the results of the accident. How the defendant responds to this letter determines the next step of the claim. If the defendant denies negligence and flat-out refuses to settle for any potential damages amount, the personal injury claim will most likely then become a lawsuit, assuming the plaintiff wants to proceed to ensure they receive the damages they are entitled to.

Preparing for Court

In the event that your personal injury claim goes to court, you will want to be prepared to testify. Your personal injury lawyer will advise you on how to answer questions in a way that presents your case in the best possible light. They will ensure that all pertinent documents have been filled out and filed with the court within any important deadline.

When it comes to filing a personal injury claim, hiring a personal injury lawyer, like Terry Garmey & Associates, is the single best decision you can make. Not only will they guide you throughout the entire process, their knowledge and experience with the legal system will ensure that you receive the best possible compensatory amount you are entitled to.

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