A personal injury lawsuit starts when an individual files a complaint against another person or entity seeking compensation for an injury allegedly caused by the defendant. Each case is unique, and there are different ways to handle a personal injury matter. Also, every state has rules and standards that affect how a case ensues. Nonetheless, there are steps that are common to almost all personal injury lawsuits. Here is a look at what are the steps in a personal injury lawsuit.
El Dabe Ritter Trial Lawyers has experienced personal injury attorney Huntington Beach who will protect your rights every step of a personal injury lawsuit and make the most of your available options.
Consulting an Attorney
Following an accident, it is essential to consult with an experienced attorney about your case’s particular circumstances. These include:
- Your medical costs
- The severity and extent of your injuries
- Your legal options
- Whether the negligence of another party was involved
- If there is a defendant from whom to seek compensation
An experienced personal injury attorney can help you take the right steps. The lawyer can view the entirety of your situation from a legal perspective and assess the viability of your potential claim, the potential defendants at fault, and the best approach to secure a full and fair recovery of your damages.
Filing a Personal Injury Lawsuit
If your case is not settled up front, your attorney will work with you to file a lawsuit seeking compensation. This is aimed at gathering the appropriate factual background on the case. After filing the complaint, the plaintiff’s attorney will have some time to locate the defendant and deliver the complaint.
Before the trial, both parties obtain more evidence from each other, and every side is able to assess the comprehensive nature of the other one’s case. This normally consists of requests for documentation, evidence, and depositions in which both parties and any witnesses are interrogated under oath. This step might last for years, depending on the complexity of a case.
Before or after filing a lawsuit, a mediator who is often a former or current judge might oversee mediation between the parties to avoid trial. This involves an informal proceeding in which the parties attempt to make an agreement.
If the court has not resolved the case through motion, the next phase is trial. In this process, a judge will analyze the facts, determine fault, and award damages.
Depending on the particular issues in the case, the losing party might appeal the case. Both sides can also appeal to the decisions of the judge to try and get other relief. The appealing process can be a bit different from the trial process, and it’s often important to have an experienced attorney to work on the matter.
Talk With an Experienced Attorney Now
If you have any questions about the process of a personal injury lawsuit, contact El Dabe Ritter Trial Lawyers online or call the firm for a consultation with an experienced personal injury attorney in Huntington Beach.