THE PERSONAL INJURY LAWSUIT PROCESS
A Guide
Meeting with an attorney and filing a personal injury lawsuit can be intimidating, especially if you don’t know what to expect.
It does not have to be.
STEP
1
Evaluating and Hiring an Attorney
Evaluating and Hiring an Attorney
Bring all documents you have relating to your accident or injury, such as police reports, medical records, and photos.
INITIAL CONSULTATION
STEP 1
Evaluating and Hiring an Attorney
Ask questions about the lawyer’s experience handling similar matters and about who else will be working on your case.
INITIAL CONSULTATION
STEP 1
When you hire your attorney, you will sign a contingency fee agreement saying you will not pay anything unless your attorney obtains compensation for you.
Next: case review
STEP
2
Investigation and Case Review
Investigation & Case Review
Examine the evidence Speak to any witnesses Research your case Review medical records Contact any insurance company that could pay on your claim
YOUR ATTORNEY WILL
STEP 2
STEP
3
Pre-lawsuit Negotiations and Settlement
Pre-lawsuit Negotiations and Settlement
Your attorney will negotiate with the other party’s insurance company or lawyer to see if they will agree to a fair out-of-court settlement. If an agreement is reached, you will sign a settlement agreement that will resolve and conclude your case
STEP 3
STEP
4
Filing a Personal Injury Lawsuit
If you cannot settle with the party responsible for your injuries, your lawyer will file a lawsuit on your behalf in state or federal court.
Next: mediation
STEP
5
Evaluation and Mediation
Courts encourage resolution of disputes without a trial.
Evaluation and Mediation
The judge may require the parties to present arguments for evaluation by a panel of lawyers thatl makes on a non-binding determination of liability and damages.
STEP 5
If all the parties think the determination is fair, they can accept the decision, and the case concludes.
Next: trial
STEP
6
Trial
If the parties fail to reach a settlement after negotiations and mediation, your case will proceed to trial.
Trial
Select jurors Give opening statements Examine &cross-examineparties &witnesses Make closingarguments Agree uponthe judge’s instructionsto the jury
YOUR ATTORNEY WILL
STEP 6
TRIAL
6
MOST PERSONAL INJURY CASES SETTLE BEFORE TRIAL
STEP
7
Distribution of Compensation
Distribution of Compensaton
If the defendant does not appeal, a check will be issued to your attorney. Your lawyer must pay providers like physicians, hospitals, or medical insurers. Your attorney will take the agreed upon percentage as their fee, with the remainder going to you.
STEP 7
CONTACT AN ATTORNEY
At Sommers Schwartz, we proudly represent injury victims and their families.