You’ve had a car accident, got bitten by a dog, or injured at a construction site, and you want to file a personal injury case because the accident was due to someone’s negligence.
But you don’t know how to go about it. Don’t worry because, in this guide, we’ll take you to step by step through how to file a personal injury case with Armstrong Lee & Baker, LLP.
And when you have a legal representative to guide you, you can never go wrong. Click here to know more about why you need a personal injury lawyer.
Now, let’s dive into the process of filing a personal injury case.
Prepare necessary documents
It is important to gather documents that may help your case before taking any legal action.
Examples of these documents include medical records outlining your injuries and treatments received, medical bills, photos of the accident scene, the vehicles involved, details of witnesses, or any proof of how the accident has affected you negatively.
Consult a lawyer
Yes, you can figure out ways to settle a personal injury claim by yourself. However, a lawyer from The Major Law Firm San Antonio will guide you better on this process and increase your chances of getting a more favorable outcome.
We recommend setting up a consultation with a personal injury lawyer. Since it’s only a consultation, you don’t have an obligation to hire them yet, so don’t feel any pressure.
The best part about this is that most of these attorneys provide free consultations, so you don’t have anything to lose.
The free consultation is an opportunity to discuss your case. The lawyer will then tell you whether your injuries were caused by negligence, who was at fault, and your available legal options. It is hard to determine all these on your own.
Investigating the case
After knowing your legal options, it’s time for investigations to begin. Your lawyer will carry out investigations on the case.
He or she will ask you more questions about the accident, go through the documents you had prepared (as discussed in point 1), get statements from witnesses (if there are any), and talk to any specialists (such as mental health professionals and accident reconstruction experts) who may help build a strong case.
Write a personal injury demand letter
Your lawyer will then write and submit a personal injury demand letter to the party at fault. If the person or company is covered by an insurance company, then your lawyer will submit the letter to their insurer.
A demand letter outlines facts about the case (how their negligence harmed you) and the kind of compensation you seek. It is a chance to start negotiations.
A lot of times, people settle the matter at this level. The party at fault can accept your demands, and you both walk away satisfied.
If they reject your demands or come up with a counteroffer that you and your lawyer aren’t satisfied with, then it’s time to move to the next stage.
File a lawsuit
If you and the party at fault cannot agree on the terms of the settlement, then it’s time for your lawyer to file a lawsuit. This means you’re bringing the matter before the court.
Then the matter will go into the discovery phase. In this phase, you and the defendant will investigate each other’s claims so everyone can get evidence to support their side. Both of you are required to provide the necessary information requested by each other.
Depending on the amount of information each party needs to gather and the documentation involved, it can take between months to a year.
Last mediation attempt
After completing the discovery stage, your lawyer and the defendant’s lawyer can make a last attempt to resolve the issue out of court.
This process involves setting up a meeting between you and the defendant and bringing in a neutral party. The role of the neutral party is to provide solutions that appeal to both parties.
If the mediation is successful, then this is the end, but if it’s not, the matter goes to trial.
Are you ready to file a personal injury case?
The thought of filing a personal injury case can seem intimidating, especially if you don’t know where to start. The good news is that it isn’t impossible. When you follow the steps outlined in this article, and most importantly, get a personal injury lawyer to guide you, you can successfully file and win your case.
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