Many people who decide to file a personal injury lawsuit don’t know what to expect next. At The Law Office of Christopher J. Swatosh, injury victims have the advantage of communicating with their attorney at every stage of the process to help them better understand the different steps involved and prove the other party’s negligence. Below, Attorney Swatosh offers some clarity on the fundamentals of seeking compensation for a personal injury.
During personal injury lawsuits, cases must go through several stages before the court can decide if the injured party is entitled to recover damages. The victim should first get medical treatment. This is important for their recovery but will also serve as evidence to help establish liability. Next, it’s essential to hire an attorney who has extensive experience handling personal injury cases. An attorney will review the medical records and what took place to cause the injuries so they can properly evaluate how much the case is worth. Then, a formal demand letter will be sent to the other party and negotiations with their insurance company will begin. Often, personal injury claims are settled before they ever reach the litigation phase.
If negotiations are unsuccessful, the next step is to file the lawsuit. Both sides will enter the discovery process, which involves investigating the claims and defenses, requesting documents from one another, and taking depositions from all relevant witnesses. After going over all the evidence, the parties may attempt to negotiate again or attend mediation. If an agreement still cannot be reached, the case will go to trial.
Reasons for Potential Delays
As victims get ready to go through the filing process, it’s common to wonder how long it may be before compensation is received. Whether a case is settled in or outside the courtroom, there is potential for delays. This can happen for a variety of reasons, but it’s commonly due to legal or factual problems with the logistics of a case, such as disputes over liability or value, the victim having yet to reach maximum medical improvement, or a substantial amount of damages involved that the insurance company is avoiding paying.
If you have been injured through no fault of your own and believe you deserve to be compensated, The Law Office of Christopher J. Swatosh can help. If you decide to proceed with a personal injury lawsuit, Attorney Swatosh will provide the guidance you need to move through the filing process smoothly. Call his Ava, MO, office at (417) 683-2987 or the Ozark location at (417) 582-5297 to schedule a consultation, or visit him online for more information.