A personal injury case is not something to take lightly. In many cases, these are legal battles that cannot be settled easily. A personal injury lawsuit often occurs when insurance companies are unable to provide individuals with the compensation they require for their personal injury case.
Many insurance companies work to lower their risks by avoiding payouts by offering smaller settlements to clients early on in a personal injury case. Accepting lowball settlements could lead to many patients getting stuck with massive medical bills down the road.
A personal injury lawsuit can often require extensive preparation from a lawyer which can lead to these and these suits can also be quite time-consuming. This process is often worth it in the case of clients that will require ongoing care or that face life-altering medical debt.
The steps involved:
A lawsuit is initially filed and the lawsuit is first called a complaint. When the insurance company is served with the complaint this addresses that the accident report is no longer valid and the insurance company will need to defend the suit within 20 days of receiving their complaint.
A personal injury lawsuit proceeds with an exchange of discovery in which lawyers and the insurance company turn over all documents and evidence with additional written questions regarding the accident. A deposition will also be part of the discovery process. Depositions give the lawyer a chance to ask questions under oath to establish a defense or new claim. Depositions generally take between one to three hours.
After deposition takes place mediation will occur. This stands as a settlement discussion between a neutral third-party, insurance company and your lawyer. Both parties will split the mediator fee. The mediation is confidential and many cases can be resolved at this point before a jury trial.
If a settlement is not reached in mediation, a personal injury lawsuit goes to a jury trial. Jury trials typically have a jury of six people and a judge that will oversee the case. When a personal injury case goes to a jury trial it often as a result of a flaw in evidence that ensures both sides cannot reach an agreeable settlement.
If you are involved in a personal injury case and you’ve received a settlement offer that is unacceptable. Contact us today and we can work at creating a personal injury lawsuit to fight for your rights.
This post was written by Wendy Doyle-Palumbo. Wendy is a New Port Richey Injury Lawyer at Wendy Doyle-Palumbo, Esq. Wendy has over 25 years of experience practicing law and has won several cases in helping those get the compensation that they deserve!