Personal Injury Lawsuit Process

When it comes to personal injury lawsuits, it is understandable that the fear of the unknown may hold you back from filing. Becoming familiar with the process can ease that stress and help you feel more confident as a claimant. That way, if you have been hurt by another party’s negligence, you will not be held back from obtaining the compensation you are entitled to.

Step 1: Gathering Information

Begin collecting evidence as soon as possible after you are injured. If you are not immediately transported to a hospital, take photographs of the scene and write down any relevant information, such as:

  • The date and location of the incident
  • Names and phone numbers of other parties involved and of any witnesses
  • The police report number

Never admit fault following an accident, as it can be later used against you and reduce the amount of compensation you receive. In addition, quickly seek out medical attention, even if your injuries are not immediately apparent.  Symptoms of a serious injury can pop up a day or two later.

Step 2: Find the Right Attorney

This step is crucial, as the right personal injury attorney will give you peace of mind, and help you navigate the process from start to finish. Research local injury lawyers and find one who you can develop a rapport with, then you can discuss the specific facts of your case and take the time to ask any questions you may have. Most lawyers will offer a free consultation to discuss your case and legal options.

Step 3: Demand Letter

At this point, you and your attorney will create a comprehensive and detailed demand letter that outlines your case. It must be written with the utmost care. Included will be information that breaks down your losses, such as medical bills, lost wages, pain and suffering, etc. As well as the amount of compensation you are demanding from the at-fault party or their insurance company to settle the case. Providing any pertinent documents and images along with it can help demonstrate the validity of your claim.

Step 4: Pre-Trial Litigation

If the opposing party does not agree to the demand, then your attorney will file and serve a complaint. To which, the insurance company will typically respond within 30 days, unless they have a valid reason for sending a request in writing asking for an extension. If the response is positive, you may attempt to negotiate and reach a fair settlement. If it is a negative response, your attorney will take the claim to trial.

Step 5: Trial

Now you will enter the discovery phase, in which each side has the chance to present evidence and assess all the factual information from the other party. Mediation is often the next step, in an attempt to resolve the case and avoid a costly full trial. If mediation fails, it will be time to take the case in front of a judge or jury to have a formal decision made.

The personal injury lawsuit process is complicated, with endless rules and regulations that must be followed. Having an experienced lawyer, who can handle each step and advocate for you is vital. Contact Harris & Harris Injury Lawyers today and request a free consultation in Las Vegas, Nevada.

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