The way you handle your personal injury claim is important for making sure that you recover completely and are compensated for any medical and non-medical costs incurred. There are certain steps you can take to make sure you are fully compensated and that your case is not thrown out. Many personal injury cases require a certain level of aggression and attention to detail before, especially if the case goes to trial or if a settlement is offered outside the courtroom.
People injured in Orlando and other cities across the nation have a right to an attorney to help them set a legal framework of their case. Going to hospital for treatment and assessment should be the first step taken after an injury, followed by a visit to an attorney’s office. It is important that one looks for a lawyer who specializes in injury cases, rather than a general practice lawyer, to ensure your case is well represented.
At your first meeting with an attorney, you should be able to give your attorney a clear breakdown of how the injury was sustained, if possible. Getting to know what happened in detail gives the attorney a chance to build a strong case against the responsible party which heightens the chances of getting properly compensated. The steps discussed below are essential in any injury case and you should ensure that you follow each step as closely as possible.
Consultation with a specialized attorney
As noted above, the help of an attorney specializing in personal injury cases is essential. Finding the right attorney that fits within one’s budget is among the first steps that an injured individual should take. After settling on an attorney, some of the elements that should be discussed include; medical costs, legal options available, severity of the injuries suffered, and if there is a defendant from whom compensation should be sought. Knowing who to sue for the injury and the negligence role they played in the events leading to the injury is vital if you, as the plaintiff, is to get compensated.
Investigation of the case
If counsel is retained, it is the responsibility of the attorney to independently investigate the personal injury in depth. Some of the areas that the attorney should look into are; police reports, area of the accident, witnesses and their testimonies (if any), employment history, medical reports and bills, etc. Depending on the case at hand, other experts may be called in by the attorney to help answer some questions and in some cases reconstruct the accident for better understanding of the case. Afterwards, the attorney will be able to determine liability and explore the various defenses of the opposing party.
A demand for settlement can be made after the initial investigation is done. The demand letter is served to an individual, business, or insurance firm. The letter sent out should clearly outline the case stating ever important detail. The opposing party is expected to review the demand, and either accept it, make a counter offer, or refuse to comply. The action taken by the other party dictates the next step that one should undertake.
Filing the lawsuit
If the demand letter sent out by one’s attorney does not get a positive response, filing a lawsuit becomes the next action to be undertaken. When filing the lawsuit, it is important to work together with your attorney to ensure that the correct legal procedures are followed.
Discovery of the dynamics of the case from parties involved
The discovery phase opens up both parties to sharing information on the case after the personal injury lawsuit is filed. During this stage, the opposing parties gather evidence from each other to help evaluate the nature of the case. Collecting factual background information is crucial at this stage. Getting to know all that there is about the company or individual require to compensate is essential to help build a convincing case.
After finding out all there is to know about each party in the case, the defendant or plaintiff can call for mediation. This is done before the first hearing of a case and in some cases before the lawsuit is filed. Current or former judges are among the first choice of mediators that most people go to.
If the injury lawsuit cannot be resolved outside court, then it has to go to trial with both sides presenting their case to a judge and waiting for a ruling.
If one loses the trial, they may appeal if they are dissatisfied with the ruling made.