If you are injured in any type of accident, you may be able to recover damages in a personal injury lawsuit. This type of lawsuit can allow a person to recover money for the cost of medical care, rehabilitative costs, property damage, as well as emotional distress or pain and suffering. Personal injury lawsuits can take a long time to complete, as the process is very fact intensive. Any personal injury lawsuit can go through a number of different phases if they are not settled out of court.
The stages of a personal injury lawsuit can include:
- Research and meet with an attorney. You should make sure you hire an attorney who you are comfortable with and who is knowledgeable in this area of the law.
- Initial court papers. This includes compiling all the relevant case documents, your attorney drafting/filing a Complaint, and then the defendant(s) file an Answer to the Complaint.
- Fact-finding discovery. Through the discover process, both sides can determine the facts of the case and share information. Although the discovery timeline is usually set by the court, it may be extended on a case by case basis in order for the parties to exchange all the pertinent information.
- Settlement. Settlement can occur anytime, from shortly after the complaint is filed or through the case’s trial. However, if the parties reach a settlement before the trial begins they can cancel the impending trial.
- Trial. During the trial, both parties in the lawsuit can argue their sides of the case. Trial can include opening arguments, witness testimonies, introduction of evidence, and closing arguments.
- Decision. After both sides have completed their closing arguments a jury or a judge will decide the case.
Although this is not an exhaustive list of all the steps in a personal injury case, this is a helpful overview for those seeking information on these types of lawsuits. It is important to note that not all personal injury cases can get to all these steps, as no one lawsuit or accident is the same. If you have been injured in an accident, however, you should consult with an experienced personal injury attorney.
Our attorneys have over a combined century of experience dealing with personal injury matters. Call the Law Office of Richard Kenny to get your free consultation today.