If you have been injured in an accident that was caused by someone else’s negligence, you have a lot going on, but understanding the process involved in a personal injury lawsuit can help make the situation more manageable. While every personal injury case is unique to its own set of circumstances, most follow a similar process.
Hire an Experienced Personal Injury Attorney
While you attend to the serious matter of regaining your health and well-being, you need an experienced personal injury attorney on your side to attend to the important legal mechanics of your case. Working closely with a knowledgeable Killeen personal injury attorney whom you trust is the best way to ensure that your case is given the attention it deserves.
Build a Strong Case
Once you have an attorney on your side, he or she will go about building your strongest case, which involves:
- Investigating the accident
- Gathering evidence at the scene of the accident, including eyewitness testimonies, photos and videos, the police report, and more
- Evaluating the evidence gathered
- Evaluating the medical records related to your case
- Strategizing your case in relation to the evidence and to your prognosis
Negotiating on Your Behalf
Most personal injury claims settle before they go to trial, and this generally means that either your attorney will negotiate a settlement with the insurance company on your behalf or that your claim will proceed to mediation where you and your attorney will attempt to hammer out favorable terms that allow you to achieve your fullest recovery.
Proceeding to Trial
If you are unable to negotiate suitable terms prior, your case will proceed to trial. The first component of this stage includes submitting each party’s motions and arguments to the court. Settlement remains an option at this stage, and filing compelling motions and arguments can help bring the insurance company around to your way of thinking and to making more significant concessions in the negotiation process.
Proceeding to a Jury Verdict
If you are unable to come to terms with the defendant and your case proceeds to trial, it will end in a jury verdict, which the defense may or may not appeal. The verdict you obtain, however, does not guarantee payment.
The sum that you are awarded may be paid as a lump sum, or it may be paid incrementally. These payments will be made through the court, and if a nonpayment issue arises, the court can implement enforcement efforts.