Tue. May 26th, 2020

COURT PROCESSES IN A PERSONAL INJURY LAWSUIT

2 min read

It is not every day that you sustain injuries as a result of another person’s negligence. Depending on the severity of your injuries, you might need to file a claim to get settlements for physical, emotional, and mental pain.

A majority of people do not have a clear understanding of the legal processes that ensue after filing a personal injury claim. Seeking the services of a personal injury attorney is the best course of action.

A personal injury attorney ensures all the relevant paperwork is properly filed and presented to the court. They also guide you in the whole process, gather enough evidence to ensure you get the fairest settlement.

In other cases, severe injuries sustained might leave you incapacitated and immobile. If there is no chance of recovery or the medical condition seems to be getting worse, your attorney will explain the details about Georgia Advance Directive. He will help you express your wishes to the doctors and family members when such a time comes that you are unable to communicate verbally.

In this article, we are going to look at the various processes undertaken by a personal injury lawyer when seeking justice for injuries sustained due to another party’s negligence.

Let’s delve into specifics.

  • Initial consultations

During initial consultations, an attorney seeks to see whether the case is viable. He looks at the severity of the injuries, medical costs, and also advises you on your legal options.

  • Investigations

If the case is viable, the attorney will conduct investigations on events leading up to the injury. For example, if you were in an auto accident, your car accident attorney seeks to determine whether or not you are partially responsible for the accident.

He will also look at the police and medical reports, collaborate with medical practitioners and other experts to gather enough information on the incident.

  • Settlement demand

Once the attorney has gathered sufficient evidence to show the defendant is at fault, he will come up with a settlement figure, in regards to the expenses and damages incurred. The defendant’s party review the offer and either accept, reject, or give a counter offer. If the parties fail to agree, a lawsuit is filed in a court of law.

  • Mediation

Before the commencement of trials, a current or former judge will oversee mediations. If mediations prove to be unsuccessful, trials at a court of law begin.

  • Trials

During trials, all factual evidence is presented to a jury. The jury evaluates the facts, determine the at-fault party, and if the defendant has a case to answer, damages are awarded.

The settlements given depend on the circumstances revolving around the accident. For example, juvenile cases are treated with more leniency as compared to cases where the defendant is an adult of sound mind.

  • Appeal

Here, the losing party is allowed to appeal their case. More information is gathered and presented to a judge. After careful review, a final judgment is passed in favor of any of the parties.

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