When you are injured due to the negligence of another person, you have the right to file a personal injury claim to receive compensation for all the damages the accident caused you. These claims generally follow a series of stages that are crucial to the success of your case. We present them below so you have an idea of what to expect when deciding to file your claim:
1. Consult with a personal injury lawyer:
During this initial conversation, they will discuss the details of your case, how the injury occurred, the parties involved, and the extent of the damages. Your lawyer will evaluate the strength of your claim and explain the legal process to you.
Once you decide to continue with your claim, the attorney will begin an investigation into your case. This involves collecting evidence, such as accident reports, witness statements, medical records, and any other relevant documentation.
3. Negotiations with Insurance Companies:
In many cases, personal injury claims are resolved through negotiations with the at-fault party’s insurance company. Your attorney will contact the insurer, present evidence, and describe your damages.
4. File a lawsuit:
In the event that discussions do not lead to an acceptable arrangement, your legal representative might suggest initiating legal proceedings. This involves preparing and filing a formal complaint with the court, outlining the allegations, and requesting compensation. The other party will have the opportunity to respond, and the case will move to the litigation phase.
5. Mediation and conciliation discussions:
Before trial, there are often opportunities for mediation or settlement discussions. A neutral third party helps facilitate negotiations between the parties. Resolving a case through a settlement can eliminate the need for a trial.
If no agreement is reached, the case goes to trial. Here, both parties present their arguments, evidence, and witnesses before a judge and jury.
7. Collection of Compensation:
If you win your case or get a settlement, the final stage is collecting your compensation.
These stages may vary depending on the complexity and the specific characteristics of your case.