Filing An Injury Lawsuit? Know What The Process Looks Like

Were you injured and now seeking compensation through a personal injury lawsuit? If so, you may want to set proper expectations about when you could finally receive the compensation that you deserve. While every injury case is different, here is an overview of the process so that you know what to expect.

Start Negotiations

Know that the process doesn't start by going directly to a lawsuit. You'll need to first negotiate with the defendant's insurance provider to try and settle the case outside of the courtroom. This is a part of the process where the outcome is in your hands since you need to come to an agreement with the insurance company about how much compensation you will receive. You do need to attempt this process before you can file a lawsuit.

Send A Demand Letter

If you cannot reach an agreement with the insurance provider, then you would move on to sending a demand letter to the insurance provider. This letter outlines exactly what you are asking for in order to settle the case. The insurance provider can accept your demands or reject them.

Start Mediation

Mediation is the next step, where you try to settle the case with the help of a neutral third party known as a mediator. Their goal is to prevent you from going to trial, and they will try to help both sides come to an agreement on what the settlement should be. Mediation can be done in the same room as the other party, or you can use the mediator as a middleman to relay communication so that there is no face-to-face interaction between the plaintiff and defendant.

File A Lawsuit

You will have the option to file a lawsuit if you feel like mediation is unsuccessful. This could be due to not getting an offer for the compensation you deserve or you are working with an insurance provider that is unwilling to negotiate with you. A lawsuit takes the outcome away from each party since it is decided by a judge or a jury.

Start The Discovery Process And Trial

The discovery process is when you and the other party agree to exchange information that will be used as evidence in the case. This could include medical records and things of that nature since each side needs to know the evidence that is being presented. Either party may also be asked to provide a deposition. Keep in mind that you can still settle the case during discovery if you wish.

The final step will be to go to trial, which is where you'll definitely need a lawyer to help you through the very complicated legal process. For more information, reach out to personal injury lawyers near you.