If you decide that you want to sue someone, then you probably will not make that decision lightly. Unless you are a particularly litigious person, you will not like going through this process. It is unpleasant, or at least most people find it so.
If you are looking for a personal injury lawyer, then you’ve reached the point where you’d like to move forward. Presumably, that means you feel sure that some person or company harmed you.
However, you may not necessarily know all of the types of claims covered under personal injury law. You will need to talk to a lawyer about that to make sure you have a case.
In this article, we will talk about what you can expect during the upcoming legal battle if you decide you’re moving forward with a lawsuit.
You Must Tell Your Lawyer Exactly What Happened
Let’s say you’re asserting that a company made a product that harmed you. Perhaps a doctor injured you, and you feel they committed medical malpractice. Maybe you slipped and fell while in an establishment, and you’re saying management did not put up adequate signage letting customers know about a dangerous situation.
Any of those might get you some money via a personal injury case. However, you should first get a lawyer on your side who knows the law and can represent you in court if that becomes necessary.
When you go to see your lawyer in their office, they will ask you what happened. You must provide them with all the details you find relevant about your case. They may wait till you finish and then ask you some additional questions.
You should tell your lawyer the truth. If you lie or embellish anything, that might come back to hurt your case later.
Your Lawyer Will Investigate Your Claim
If the lawyer says you have a case and they will represent you, then they will start to investigate your story. They will also get the paperwork ready that tells the defendant that you’re suing them.
The lawyer will send them that paperwork. This gives the defendant a chance to hire their own lawyer. While that’s happening, your attorney will probably instruct their investigator to look into your case.
If you hire a large, well-known law firm, they may have a small army of investigators. These individuals try to collect any material evidence that backs up your version of events.
If you hired a smaller law firm, then they may only have one investigator working for them. Either way, this time may pass slowly. Maybe you wish you could speed up the process. These things take time, though.
Your Lawyer Will Want Documentation That Proves Your Story
Your lawyer’s investigator might try to locate any witnesses who can back up what you say happened. Maybe someone saw the incident or accident and can talk about it on the stand. They may also look for video or photographic evidence that proves your case.
In the meantime, your lawyer will probably ask you to help your own cause by providing any documentation that will help your case. That might include medical bills or a doctor’s notes if you saw a doctor after the incident or accident. Maybe you have a copy of a car crash report from the police if the incident involved another driver hitting your car.
The more documentation you can provide, the better for your case. If the investigator can also find witnesses, that can help as well. Your lawyer might also consider hiring an expert witness to give testimony if they feel that it’s warranted.
The Discovery Phase Will Occur
The discovery phase will occur next. At this time, your lawyer and the defendant’s attorney will meet. They will both hand over any documentation, videos, pictures, etc., that they will show at trial. They must reveal any evidence they have uncovered.
If you can show the defendant’s lawyer a preponderance of evidence that backs up what you say happened, then they may want to settle. However, if they don’t feel like you have enough evidence, then they may stick to their guns. They might feel like they have a chance in court if you didn’t come up with very much material evidence, and they think it’s your word against theirs.
You and the Defendant Will Come to Terms or Go to Court
Usually, personal injury cases don’t go to court. The majority of the time, the defendant and plaintiff come to terms.
Even if you didn’t produce enough evidence to prove definitely that your version of events happened and what the defendant says didn’t, they might still give you a nominal sum of money to make the case go away. That’s far more likely if you’re suing a corporation that doesn’t want any negative press.
However, it is always possible that the defendant will dig in their heels. They may feel that they can beat the case in court, and they’re ready to try their luck.
If so, then the trial will begin. That’s when you will see whether you hired the right lawyer. A skilled attorney can argue eloquently in your favor. They can get the defendant on the witness stand and ask them questions that poke holes in their story.
At this point, you might see some courtroom drama. You may even enjoy it if your lawyer gets the defendant on the stand and it’s obvious that they’re lying or hiding something.
Keep in mind, though, that even if a trial begins, the defendant can instruct their lawyer to offer you a settlement before it gets to the jury’s deliberation stage. The defendant might decide the trial’s going against them, and they elect to pay you something, even if it’s not what you originally demanded.
You can take that settlement or forge ahead. You might get more money from a jury’s verdict, but you may also walk away with nothing.
