Every personal injury case will be different, and the timelines can vary based on the complexity. The following steps provide a general overview.
Consultation Initial and hiring an attorney
In any personal injury case, the first thing you should do is seek legal counsel. A Las Vegas personal injury lawyer with experience can offer valuable advice and support. The attorney will assess the merits and discuss possible legal strategies during the first consultation. They will also advise you on the best course to take.
Investigation and Evidence Gathering
After you have hired an attorney, he or she will investigate the incident which led to your injury. The attorney will gather evidence such as medical records, accident report, photographs, video surveillance, witnesses statements and expert opinions. This stage is crucial in establishing a strong foundation for the case, as the strength of the evidence will have a significant impact on the outcome.
Demand Letters and Negotiations
Your lawyer will then draft a Demand Letter after compiling all the evidence, and when you are fully recovered or have reached your maximum medical improvement. This letter will be sent to the party at fault or their insurance provider and will outline your injuries, damages and compensation that you are seeking to resolve the case. Negotiations are often followed by both parties trying to reach an agreement in order to avoid a trial. Negotiation skills are essential to achieve a fair and equitable resolution.
The Settlement
Your attorney will draft a contract if you reach a settlement. Before funds can be disbursed, both parties must sign the agreement. About 95 percent of all personal injury cases settle before trial.
How to File a Complaint
If the negotiations do not succeed, you will need to file a formal complaint at the court. The complaint will outline the plaintiff (you) version of what happened, the damages you suffered, and your legal basis to hold the defendant (at fault party) responsible. The defendant has a specific time period, usually within 20 days, to respond to the claim.
Settlement negotiations can continue even after a lawsuit is filed. Settlements are often reached out of court because parties prefer to avoid the costs and uncertainty associated with a lawsuit. If both parties cannot reach an agreement, the case will proceed to trial.
Try it
Both parties will present their case before the judge and jury during the trial. The plaintiff’s lawyer must establish the defendant’s fault or negligence and the extent of damages. Defense will try to refute the plaintiff’s allegations and provide evidence in order to disprove them. The trial process can be long and emotionally draining, but is necessary to seek justice.
Verdict and Appeal
The jury will determine whether or not the defendant is responsible and, if they are, how much compensation should be awarded. The ruling can be appealed by either party if they are not satisfied. The appellate court will examine the case to determine if there were any errors in applying the law, rather than re-evaluating the evidence.
It is therefore difficult to give a timeframe on when you can expect to receive your payment following a favorable judgment. It could be weeks in some cases and months in others.
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