If you’re not a lawyer, you probably don’t know much about filing personal injury lawsuits. This law niche attracts many attorneys, though, since so many personal injury cases work their way through the court system in this country every day.
In this article, we will talk about filing personal injury lawsuits. We will discuss when you can do it, what happens when you do, and what eventual results you might see.
Times When You Should File a Personal Injury Lawsuit
Before we talk about understanding the process of filing an injury lawsuit, we first need to cover when it makes sense to do it. Technically, you can file a lawsuit against someone at any time and for any reason. However, if you don’t have a good reason, then a judge will likely dismiss the case, and they also won’t feel happy about you wasting their time.
You should file a personal injury lawsuit if a person or entity harms you and you’re reasonably sure you can prove that. You might do it if you slip and take a spill in a store. If the store didn’t put up a wet floor sign, then you certainly have a potential lawsuit on your hands.
You might sue a company if one of their products harmed you. The legal system calls that a product liability lawsuit. You may sue a dog’s owner if it bites you. You might sue a drunk driver who hits your vehicle or one who plows into your car going double the speed limit.
Medical malpractice lawsuits also fall into the personal injury law niche. If a doctor gives you the wrong prescription, and it makes you sick, you might sue them. If they operate on the wrong body part, you should probably consider legal action.
You can probably think of other situations that require lawsuits. Usually, proof remains the biggest determining factor when you’re thinking about bringing a personal injury lawsuit. If you feel like you either have some or you can get it, then it makes sense to contact a lawyer and talk to them about what happened.
Locating a Lawyer Who Can Help You
Speaking of lawyers, if you feel like you can potentially sue a person or business, you must find one. You will want someone who either exclusively does personal injury law or knows a good deal about this legal niche. It makes little sense to hire an attorney who doesn’t do this kind of law.
You might ask if your friends or family members have recommendations. Maybe one of them knows a lawyer who practices this sort of law. Perhaps you even have such a lawyer in your family.
If you can’t get a recommendation, you must do some research. Look around online and find a personal injury attorney near you. They should have some solid online feedback. If you see a bunch of one-star reviews when you Google a particular lawyer or firm, you’ll know you should use someone else.
Once you find a lawyer, you can meet with them and explain what occurred. Then, they can tell you whether they think you have a case and whether they will take you on as a client.
You must also agree on a payment structure. Usually, a personal injury lawyer will accept a contingency payment plan. That means you must only give them money if they can win your case for you.
The Process Once You Hire a Lawyer
Once you hire a lawyer, they will get to work for you. They will notify the person or entity you’re suing that you’re bringing a lawsuit against them. At that point, they will presumably hire their counsel.
Your lawyer will then start investigating your claim. They will want to collect any documentation that proves what you say happened. They might want things like police reports, medical documentation, or videos or pictures that conclusively establish what you claim occurred.
Often, the lawyer will have an investigator who will do the leg work for them. The larger, more prestigious firms may have a whole team of seasoned investigators.
What Happens During Discovery?
During the discovery phase of the trial, you and your lawyer must turn over all the evidence you have. The defence team will take a look at it. If they see you have a mountain of evidence, they may recommend to their client that they settle. They will either meet with you and mention an amount of money to see if that satisfies you, or else their client might refuse to offer a settlement.
If they won’t settle, then you’re probably headed to trial. Of course, if the defendant does offer a settlement amount, you have to decide whether the figure makes sense. You might feel they should give you more. If so, you can give them a counteroffer. If they refuse, that means the trial goes forward.
What Happens if You Go to Trial?
If you go to trial, that drags out this process. A civil trial like this can take days or weeks. It may even take months in rare instances.
You might have to get on the stand and testify at some point if you think it will help your case. Perhaps you want to tell the jury what happened in your own words. If you seem like a sympathetic person, and it’s clear the defendant injured you or made you ill, the jury might look at you favourably and the defendant unfavourably.
The defendant might also take the stand. Maybe they might say some things that will upset you. You must try to keep your cool if that happens.
If you and the defendant can’t settle, the case will go to a jury’s decision, called a verdict. If you win, you’ll get some money. If you lose, you could walk away with nothing. This process then concludes. Hopefully, the result will satisfy you.