If you have been injured because of someone else’s carelessness, you might start filing a personal injury claim to get compensation. Most of the time, these claims are settled outside of court through negotiation with the insurance company. But not every time do things go smoothly.
Claims can turn into full-blown personal injury lawsuits. Below is everything you can expect when this happens.
When Does a Claim Become a Lawsuit?
A personal injury claim becomes a lawsuit when both sides can’t agree on a fair settlement. This can happen if:
- The insurance company denies a claim or makes a very low offer
- There is a disagreement on who was at fault in the accident
- Lack of enough evidence to prove injuries and damages
- The statute of limitations, which is the legal deadline for filing a case, is about to expire
At this point, your lawyer might recommend filing a lawsuit to protect your rights and push the case forward.
The Process of Starting a Lawsuit
The lawsuit process starts with a legal document called a complaint. This outlines what happened, who is being sued, also called the defendant, and what you are asking for. Compensation in personal injury claims is often money to cover medical bills, lost wages, and pain and suffering.
After a complaint is filed in court, the defendant is notified. This is called service of process. After being served, the defendant has 21 days to file an answer. They can either accept responsibility, deny the claims, or file a motion to dismiss the case.
The Discovery Phase
Next is discovery, where each side tries to collect evidence to support their case. This step is all about getting facts out in the open. Discovery might include:
- Interrogatories are written questions sent to the opposing party.
- These are interviews under oath where each side can ask the other questions.
- Document requests and exchanges that include sharing important records like accident reports and medical files.
This phase may take several months, but it is very crucial in understanding what the other side has and building a strong case.
Settlement Talks
Despite filing a lawsuit, most cases still settle before going to trial. Sometimes the pressure of a pending trial encourages both parties to reach an understanding. In other instances, the court may order mediation where a neutral third party helps both sides reach a resolution.
Settling at this point saves money, time and stress. It can also help you avoid the unpredictable nature of trials.
Going to Trial
If no settlement is reached, the case goes to trial. Trials can last a few days to several weeks, depending on how complex the case is. During the trial there is:
- Jury selection unless its a judge-only trial
- Opening statements from both lawyers
- Presenting evidence from witnesses
- Closing arguments
- Jury verdict or a judge’s decision
The court will then decide whether the defendant is responsible and, if so, how much they should pay in damages.
After the Trial
If you win the case, the court may order the other side to pay you a certain amount. However, collecting this money is not always instant. The defendant may decide to appeal the decision. This means taking the case to a higher court. Appeals can extend the process by several months or years.
A plaintiff can also appeal the court’s decision if they were not satisfied with the final verdict.
Conclusion
No one wants a personal injury claim to turn into a lawsuit. However, sometimes, this is the only way to get fair compensation. The legal process can feel long and stressful but having the right lawyer to guide you in either filing a claim or lawsuit can make a big difference in the outcome of the case.
Our dedicated team gathers information from all the reliable sources to make the law accessible and understandable for everyone. We provide the latest legal news stories from across the country, delivered straight to you.