This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
Personal Injury Claims Process
A careless driver is responsible for your injuries and you’re confident that you have a valid negligence claim. However, you’re unsure of what to do next; you don’t know exactly how the personal injury claims process works.
You might be unsure how much money you will have to spend, and if the cost will be worth the potential compensation. You may be confused over which steps to take and feel intimidated about going into court. The basic information below will ensure you are prepared for whatever comes next.
Email us or call us toll-free to meet with one of our knowledgeable car accident lawyers.
The Personal Injury Claims Process
Although the facts surrounding each personal injury claim vary, the personal injury claims process usually consists of the same basic steps:
Meeting with an attorney to determine if you have a case
Filing the initial court papers
Gathering evidence and establishing facts
Deciding whether to go to trial or settle the claim
If a judgment is rendered in your favor, you are entitled to collect the amount of money a jury has awarded, or that you have settled upon with the other side.
Filing Your Personal Injury Claim
After you meet with your attorney, he or she will file your complaint. The complaint consists of a basic outline of your case. The complaint names who the parties to the lawsuit are and lay out the facts of your case.
The complaint also states what legal theory you are pursuing, such as negligence, and the form of relief that you are demanding. This is typically an amount of money that you feel will properly compensate you for your losses.
The next step in the personal injury claims process involves gathering evidence. This is called discovery. The three main forms of discovery are written discovery, document production, and depositions.
Written discovery usually consists of a form with specific pre-printed questions regarding your case. Answering these questions gives you a chance to tell your version of the events that led to the case.
Your attorney may also request that certain documents be produced. These can include medical records, receipts, and emails. Depositions occur when a party meets with an attorney and answers specific questions from the attorney under oath.
It is crucial, to be honest with your attorney during the discovery process. Your attorney cannot advocate the best of his or her ability without knowing the full story.
Deciding Whether To Settle
A majority of cases do not go to trial. Parties typically reach a settlement before trial. If you decide to settle your case, you agree to forgo any further legal claims against the other party in exchange for a certain sum of money.
If you think you might want to settle rather than go to trial, it is absolutely essential to discuss any settlement offers thoroughly with your attorney before accepting any offer.
Collecting Your Judgment
The final step in the personal injury claim process is to collect the money you are owed. If the opposing party is insolvent or refuses to pay you, your attorney can help you take certain steps to collect the money, such as garnishing wages or a bank account.
The personal injury claims process can be complicated. An experienced legal advocate can assist you every step of the way.
Make an appointment with one of our capable car accident lawyers to determine whether you have a case worth pursuing. Call us toll-free or email us today to set up an appointment.