Personal injury cases may share broad similarities but each case is entirely unique. There isn’t a specific way in which all personal injury cases are dealt with. All of them do, however, follow similar legal paths. Below you will find a broad overview of some of the primary actions that you can expect should you become involved in a personal injury case.
If you or a member of your family has sustained an injury because of the negligence or maliciousness of another person and are actively contemplating bringing a legal action against them in an effort to receive the financial compensation that you are legally entitled to, then it may be useful for you to be familiar with what you should anticipate as you make your way through your personal injury case from beginning to end.
In the aftermath of any vehicle collision, it is imperative that you solicit reliable, trustworthy legal representation so you can explain the details of your individual case and get sound legal guidance concerning what your next move and your expectations regarding the outcome should be. Your Colorado personal injury attorney will examine details like:
Once you have all the information that you need and decide what you would like to do with your claim, your personal injury attorney will independently (without any help from the police) analyze your car accident claim. This is a very complex process and it will involve pictures, videos, police reports, investigating the site of the car crash, a review of your medical records, collecting statements for eyewitnesses, any other related bills that you accrued as a result of the accident, your current income, your future wage-earning potential, your employment history, and a lot more.
If your personal injury attorney decides that it is necessary, he or she will also assemble a team of medical experts, accident reconstruction specialists, and any other relevant specialists from a variety of different professions based on the specific details of all of your injuries. Your attorney will also go over some of the potential defenses that the defendant might conjure up and prepare rebuttals, and assign fault for the accident.
This facet of a personal injury case deals mainly with what is referred to as demand for settlement. Demand for settlement is a letter that contains a summary of your case, including any damages and liability, like lost income, injuries, hospital bills, loss of the pleasure of life, pain and suffering, and necessary ongoing medical attention. This letter will be considered by the defendant’s personal injury attorney.
If it turns out that your case is not going to be settled out of court, then at this point, your attorney will begin the process of formally filing a lawsuit soliciting full financial compensation for you and your family.
Prior to the start of your trial, the parties on either side of the lawsuit will collect all of the evidence that the other side has gathered. According to the law of common law jurisdictions, the process of discovery is a pre-trial action in a lawsuit where the individuals involved may collect any and all evidence from the other side by way of discovery devices like requests for production of documents, interrogatories, and requests for depositions and admissions. Discovery may be collected from people who are not involved in the lawsuit via subpoenas. If a discovery request is opposed for any reason, the requesting person is allowed to ask for the court’s help by filing a motion to compel discovery
Both sides of the lawsuit are now able to evaluate the evidence that is being presented by their opposition.
Mediation is a sort of informal meeting where both people involved attempt to reach a mutual agreement concerning the outcome of the personal injury suit.
If the lawsuit is unable to be resolved during the process of mediation or decided by the courts via a motion, then the next part of your personal injury claim will be going to trial. After the trial, somebody is responsible for determining the result. Who decides the outcome will depend on whether you agreed to have your case tried by a jury, known as a jury trial, or by only a judge, known as a bench trial.
If you or someone you love has been injured as the result of another person’s distracted driving or other negligent behavior, then you may be entitled to receive financial compensation for damages. You need a reputable personal injury attorney who is experienced in handling these kinds of cases.
If you are seeking legal representation for a pending lawsuit and you want an attorney who is esteemed, qualified, and knowledgeable in handling these sorts of injury cases, then the personal injury attorneys at the Injury Victim Law offices are just who you’re looking for.
If you would like a free consultation with one of our skilled personal injury attorneys regarding a case you feel you may have, we are here to help. Please reach out to us by calling (800) 245-2774 to schedule your appointment for your free consultation today.