A personal injury case involves a slip and fall accident, a medical malpractice allegation, or a car accident. Victims who sustain injuries can receive compensation upon proving negligence, causation, and liability. The steps for the timeline in a personal injury lawsuit include the following:
The investigation may take several months to complete. Complex cases involving comparative negligence, product liability, medical malpractice, government entities, and premises liability take much longer. Your personal injury lawyer from BuckheadLawGroup.com should gather adequate evidence to prove the fault and single out the at-fault party who causes the injuries. Evidence in such cases includes the following:
- Medical records
- Physical evidence
- Copies of accident and police reports
- Wage and employment records
- Videos and photographs of the accident
Seeking Medical Care for Injuries
A treatment plan plays a crucial role in governing the timeline for your personal injury case. Victims who reach a maximum medical improvement (MMI) must file a lawsuit to recover compensation from the at-fault party. Individuals who sustain impairment or permanent disability are entitled to compensation for ongoing medical care, personal care, and lost wages. Make sure to seek medical treatment as soon as possible following an accident, as delays may hurt the chances of securing a fair settlement for your claim https://interpollawfirm.com/extradition-lawyer/
Documenting Losses and Damages
The worth of a personal injury claim depends on multiple factors. Detailed documentation of your sustained damages increases the overall value of your case. Victims who sustain permanent impairments should consult financial professionals and medical experts to approximate the worth of future damage. Most insurance companies try as much as possible to limit the value of victims’ claims. However, with the help of a seasoned personal injury attorney, you can document your damages to improve the chances of receiving a higher settlement amount.
Preparing a Settlement Demand Request
After completing the investigation, treatment, and documentation of damages, victims should craft a settlement demand letter with the assistance of a personal injury attorney. The demand highlights the at-fault party’s negligence and may reference particular laws that apply to the lawsuit. The demand letter also outlines your damages, discusses your injuries, and highlights the amount victims agree to accept for their claim. Your lawyer may include various supporting documents, including medical records, to ensure the victim receives fair compensation.
The insurance provider will only agree to the offer if the demand is reasonable and there is no liability dispute. The insurance company is more likely to make a counteroffer to the victim to avoid going to court. At this point, the insurance company and your attorney will initiate the settlement negotiations, which may take several months to complete. The parties may submit to mediation which may or may not succeed. If the at-fault party refuses the negotiations, the victim should file a personal injury suit with the help of a seasoned attorney.
Filing a Personal Injury Litigation
Most states have a statute of limitations for the maximum number of hours that may pass before filing a personal injury lawsuit. The victims must file a lawsuit if the at-fault party fails to settle their claim before the deadline. There are numerous phases in a personal injury lawsuit. Some of the steps for filing a successful personal injury suit include the following:
- Filing a complaint
- Receiving the defendant’s response
- Discovery phase
- Settlement negotiations
- Pre-trial motions
- Appeals and trials
Some personal injury lawsuits take over a year to settle. Fortunately, most of these cases settle outside court in the long run.
Injuries and accidents are chaotic at times. Victims who sustain injuries following an accident should seek immediate medical care to ensure prompt diagnosis and treatment. Hire a reputable personal injury attorney to assist you in filing a lawsuit.