Many personal injury claims work their way through the court system in America. They’re one of the more common civil matters that a judge, jury, or lawyer might take on. That’s because individuals and companies often act in ways that harm other people. It’s seldom intentional, but it happens all the same.
Personal injury claims require careful investigation, and they also call for legal representation. However, you should know about several other steps that factor into them.
We’ll talk about those other steps now. The following lays out the steps that a person might go through if they feel a person or business entity harmed them and they want restitution.
The Accident or Incident That Hurts the Plaintiff
These cases typically start with a person or company hurting someone else. They may even begin with the individual or business entity accidentally killing the other party. If that happens, then their family might start a civil lawsuit on their behalf.
A dog bite accident might bring on a lawsuit. A doctor may harm a patient, which the legal system calls medical malpractice. Someone might walk by a construction site and have a brick fall on them from above. Maybe someone drives drunk and hits another car.
You can probably think of many other injury or accident situations that will kick off the lawsuit process. Basically, any time a person or company harms someone else, and the injured person can link the company or person to their injuries, they may have grounds to file a lawsuit.
Finding a Lawyer
These cases usually involve hiring a lawyer at this point. Technically, you can sue someone without having your own legal counsel. However, presumably, most people do not know the law well enough to know what actions they should take that will get the process going.
The plaintiff-to-be can probably find a personal injury attorney easily enough. If they live in a decent-sized city, they can likely find dozens or hundreds of them. If they live somewhere more remote, they presumably won’t have as much of a selection.
The injured party will want to look into the lawyer’s background and credentials. They can look at their reviews online.
A bunch of five-star reviews and glowing feedback should tell the injured person they have found the right lawyer. If they see that an attorney has a less-than-stellar reputation, they will want to keep looking till they find a more reputable option.
Talking to the Attorney
The injured person will next talk to the lawyer. This process doesn’t usually cost anything. The attorney will happily give up an hour of their time if it means landing a new client.
The lawyer will probably have plenty of questions, and the injured party must answer them. Once the attorney has enough information, they can decide whether they should take on the case. They will probably salivate at a lawsuit where they might sue a big company with a lot of financial resources or a private citizen with a ton of money.
The Payment Negotiation
Next, the injured party and the lawyer will talk about payment. In almost all instances, the attorney will let the injured person set up a contingency payment plan. That means the lawyer only accepts money if they can get some winnings for the injured party.
Those winnings will either come via a settlement or a jury’s decision. If the lawyer can’t get any money for their client, then the attorney gets nothing as well. Most people feel that’s a fair deal.
Notifying the Defendant
At this point, the lawyer will officially notify the person or company that the defendant plans on suing. This gives the defendant a chance to hire their own lawyer. This process can take days, but it will usually take weeks or even months instead.
The wheels of justice must turn relatively slowly so that the defendant has plenty of time to figure out what they want to do. If they don’t know any civil defense lawyers, then they must hunt for one, just like the plaintiff did.
The Investigation Process
The investigation process usually comes next. The lawyer the injured party hired will probably have an investigator working for them, or more than one, in the case of larger, more prestigious firms.
The investigators will try to uncover any evidence that helps with the case. That might include eyewitnesses who can testify on the plaintiff’s behalf. It may include video or photographic evidence.
The lawyer might also contact an expert witness if they feel that can help the plaintiff’s case. They may try to get together any documentation that definitely proves the defendant’s guilt. The more evidence the lawyer and their investigator collect, the better the plaintiff’s chances of getting some money out of the deal.
A Possible Settlement Offer
Now, the defendant and their lawyer can decide whether they might try to settle. Usually, they will do so if they feel like the plaintiff and their lawyer have gathered enough evidence that makes it very obvious the defendant harmed the plaintiff.
The defendant might try to lowball the plaintiff. They will probably follow their lawyer’s advice regarding how much money they should offer as compensation.
However, the defendant can always refuse to settle. If so, then the case will probably move on to the trial phase. This does not happen very often, though.
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The Trial
If the trial takes place, the defendant will try to prove their innocence, and the plaintiff and their lawyer will try to establish the defendant’s guilt. The trial might get to a jury’s decision, but it may not.
If it is obvious at some point during the trial that the defendant must settle, they will probably do so. They likely don’t want to get to a jury’s decision since they might then have to give the defendant even more money.
These steps, in the order described, generally make up the totality of a civil trial.
