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Understanding Personal Injury Law: The 3 Stages of a Claim September 4, 2017

Indianola, Warren
Understanding Personal Injury Law: The 3 Stages of a Claim, Indianola, Iowa

Although the main goal of personal injury law is simple—compensate individuals for damages they incurred at the hands of another—the actual proceedings are often complicated. If you sustained serious injuries in an accident that could have been prevented, and you want to file a claim against the liable party, contact Ellis Law Offices, P.C. in Indianola, IA. A personal injury attorney from their team will guide you through every stage of the claims process and prevent you from making mistakes that might compromise your case along the way.

The 3 Stages of Every Claim Under Personal Injury Law

1. File the Initial Complaint

To file a personal injury lawsuit, you must draft a document, called a petition or complaint, that details your case against the allegedly liable party. A seasoned lawyer can help you write the complaint, which should contain the facts giving rise to your legal claims, as well as a demand for judgment, which is simply where you state what you are seeking, like compensation for the damages you incurred.

Once you file your petition, the opposing party will receive a summons, which essentially notifies them of the circumstances surrounding the case. The defendant must then file an answer to the complaint. This document should address each section of the petition.

2. Gather Evidence of Your Claim

personal injury lawOnce the lawsuit is underway, your case will enter the discovery phase, which simply refers to gathering evidence and revealing facts about the case. There are three kinds of discovery: written discovery, depositions, and document production. Your attorney will make sure no stone is left unturned during the discovery phase, so your case will be as strong as possible.

3. Negotiate for a Settlement

As more evidence comes to light during discovery, the true extent of your damages and of the opposing party’s liability will become clear. It is natural, then, for the discovery phase to transition into negotiations. Most parties can reach a fair settlement at this point, and this is where personal injury law claims are typically resolved. If you cannot reach a settlement, though, your case will be one of the few that proceeds to trial.

If you were injured because someone else was acting in a reckless or negligent manner, turn to Ellis Law Offices, P.C. for quality legal guidance during the entire claims process. Visit their website to learn more about their extensive experience in personal injury law, or follow them on Facebook to stay connected with their seasoned attorneys. Call (515) 962-9080 to schedule an initial consultation in Indianola, IA, today. 

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