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Steps in a Personal Injury Lawsuit

If you’ve been involved in an accident, finding the right lawyer is an urgent matter.

The right personal injury attorney by your side during a trying time — like a car accident or other serious injury — can be the difference between successfully restarting your life and being saddled with massive debt and frustration.

When searching for a personal injury attorney, there are several to ensure that you find the right professional to handle your case effectively. Let’s take a look at those now.

Finding the Right Personal Injury Lawyer

First, start by finding a law firm in Arizona familiar with local laws and regulations and regularly successfully litigates personal injury cases. You want a law firm like Torgenson Law, which specializes in only personal injury cases. A firm whose lawyers are skilled experts reviewing personal injury cases and building a compelling claim for compensation.

Second, conduct thorough research online to gather additional information about potential attorneys. Explore their website, online directories, and review platforms to learn about their qualifications, areas of expertise, and professional accomplishments. Pay attention to any testimonials or client reviews, focusing on feedback related to personal injury cases specifically.

Next, schedule initial consultations with personal injury attorneys. During these meetings, ask relevant questions about their experience, successes, and approach to handling personal injury cases. This will help you assess their level of expertise, communication skills, and how well they understand your specific situation.

Once your personal injury attorney is selected, they will start working on your case. Every case is unique, but there are several steps in a personal injury lawsuit that your attorney will take to help you seek the justice you deserve and the compensation you need. These steps include:

Sending a Demand Letter

A demand letter in a personal injury case is a formal written document that outlines the injured party’s claim for compensation from the at-fault party or their insurance company. It serves as a starting point for negotiations and can be a crucial step in the personal injury claims process. In the demand letter, the attorney for the injured party will typically outline the details of the accident, including the cause and extent of the injuries, medical expenses incurred, lost wages, and any pain and suffering endured.

The demand letter aims to convey the injured party’s strong case for compensation and provide a realistic amount sought to settle the claim. It may also include supporting evidence, such as medical records, bills, photographs, and witness statements to help strengthen the claim.

The purpose of the demand letter is to initiate negotiations and encourage the responsible party to offer a fair settlement amount without having to proceed to litigation.

Filing a Complaint

Filing a complaint in a personal injury case involves initiating legal action against the responsible party for causing your injuries. The complaint serves as the initial court filing document that outlines the claims and allegations made by the injured person, referred to as the plaintiff.

To file a complaint, your attorney will submit it to the appropriate court, along with the required filing fees. The complaint typically includes details about the incident that led to the injury, such as date, time, and location, as well as a description of the injuries sustained and any damages suffered. It should also identify the defendant, who is the party believed to be at fault, and specify the legal basis for the claims, such as negligence or strict liability.

Once the complaint is filed, the defendant is notified of pending litigation who then has a specific period to respond to the allegations. The defendant’s response can include admitting or denying the claims or making counterclaims against the plaintiff.

Discovery

Discovery in a personal injury case refers to the legal process where both parties involved exchange relevant information and evidence relating to the case. This process allows each side to gather facts, assess the strengths and weaknesses of the opposing party’s claims, and prepare for trial or settlement negotiations. Discovery typically includes several methods, such as interrogatories, depositions, and requests for admissions and the production of documents.

Interrogatories involve written questions that need to be answered under oath by the opposing party. These questions are used to obtain specific information about the incident, injuries sustained, medical history, and any previous accidents or claims.

Requests for the production of documents require the other party to provide relevant documents, including medical records, employment records, photographs, videos, insurance policies, and any other evidence that could support or refute the claims made in the case.

Depositions involve oral examinations, where both parties’ attorneys ask questions to the opposing party or witnesses who have relevant information.

Finally, requests for admissions allow one party to request the other to admit or deny certain facts or matters in dispute, which can help streamline the case by narrowing the issues in contention.

Pretrial Procedures

Pretrial procedures refer to the various legal steps in a personal injury lawsuit taken before a trial begins. These procedures aim to gather evidence, exchange information, and facilitate settlement negotiations between the parties involved. One key pretrial procedure is discovery, where both sides have the opportunity to request and obtain evidence from one another.

Another important pretrial procedure is the filing of motions. These are written requests made to the court that seek a specific action or decision. Common types of motions in personal injury cases include motions to dismiss, which ask the court to dismiss the case due to lack of evidence or other legal issues, and motions for summary judgment, which request the court to rule in favor of one party based on the available evidence. Motions can significantly impact the outcome of a case, as they can lead to the case being dismissed, settled, or proceeding to trial.

Trial Litigation

Trial litigation refers to the legal process of resolving a dispute through a trial in a court of law. In the context of personal injury, it involves a plaintiff seeking compensation for injuries or damages caused by the negligence or wrongdoing of another party. Once an individual files a personal injury lawsuit, both parties enter the trial litigation phase if they are unable to reach a settlement through negotiation or alternative dispute resolution methods.

During trial litigation, the case proceeds before a judge or jury, who will determine the outcome based on the evidence presented by each side. The plaintiff has the burden of proof, meaning they must provide sufficient evidence to establish that the defendant’s actions or negligence caused their injuries and resulted in damages.

Both parties can present their arguments, call witnesses, and introduce physical or documentary evidence to support their claims. The jury then evaluates the evidence and decides if the defendant is liable for the plaintiff’s injuries and, if so, the amount of compensation the plaintiff should receive.

Ultimately, trial litigation in a personal injury case is a formal, structured process to secure justice and ensure fair compensation for the injured party. Torgenson Law’s personal injury attorneys are fully prepared to litigate your claim if we cannot reach an appropriate settlement with the insurance companies.

Contact Torgenson Law Today

If you have been injured in an accident because of the negligence of others, you have a right to seek compensation for your injuries and damages. Call the professionals at Torgenson Law today to see how we can help you build a strong case for compensation and get justice for your pain and suffering. Contact us online or call us at 602-726-0747 for a free and confidential evaluation of your case.