Have you been injured in an accident that wasn’t your fault? Then you might consider filing a personal injury (PI) lawsuit. So, to help you understand what’s involved in the personal injury lawsuit process, here’s a rundown of the key steps involved.
Attorney Consultation
The first step in a personal injury lawsuit is a consultation with a PI lawyer. At this meeting, you discuss the facts of your case and the attorney will determine if you have a claim. They’ll also explain more about how to fight a personal injury lawsuit, including what evidence you need and how long the process takes.
The Alexander Law Firm offers free initial consultations for every prospective client.
Gathering the Evidence
Next, your attorney gathers all evidence available, including:
- medical records
- accident reports
- witness statements
- photographs or videos
Your PI attorney will then determine if there’s sufficient evidence to prove that the defendant’s actions caused your injuries, and that you suffered a loss which entitles you to damages.
Based on the evidence, your attorney will assess the level of damages you can claim. The more evidence you have to support your claim, such as wage loss and medical bills, the better, but your attorney can advise you further based on your case facts.
Negotiations
Before filing a lawsuit with the court, your attorney will try to negotiate a settlement with the defendant’s insurance company. If the other side does not make a fair offer to settle the claim, you can file a lawsuit.
Filing a Lawsuit
If there’s no settlement agreed, your attorney files a lawsuit with the court. This doesn’t mean your case will go to trial – often, cases settle before any trial date is set.
At this stage, both parties engage in a formal discovery process, which involves sharing facts, evidence, and all relevant documentation. The discovery process can take weeks or months, depending on the claim’s complexity, but your attorney will ensure you stay informed.
If there’s no settlement agreed, and negotiations fail, your claim proceeds to trial. If the courts find in your favor, they’ll determine the level of damages you’re entitled to.
Personal Injury Lawsuit Timeline
Every personal injury claim is unique, so there’s no set timeline for how long the process will take. Some cases settle in a few months, whereas other claims can take a few years. It all depends on the case complexity, the defendant’s willingness to negotiate, and the legal issues involved.
How to File a Personal Injury Lawsuit
Your first step in the personal injury lawsuit process is consulting with an experienced PI attorney. At the Alexander Law Firm, we provide a free initial consultation to establish whether you have a claim. There are no expenses, court fees, or legal costs owed to us unless we’re successful, so get in touch to arrange your free consultation.