What are the Steps in a Personal Injury Lawsuit?

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What are the Steps in a Personal Injury Lawsuit?
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A personal injury can change your life in an instant. If you're a victim of one such injury, you could seek compensation with a personal injury lawsuit. Learn about all the steps involved with the process and how you can set yourself up for success.

1. Meet with an Attorney 

Before you do anything else, you should meet with a personal injury lawyer. Spend some time researching an attorney and look for someone who has a long track record of positive outcomes. When you go to your consultation, bring your medical records and any other documentation that supports your case. The more information an attorney has on your case, the better the advice they give you.

It's important to note that there is a statute of limitations on personal injury claims in California. You only have two years from the date of the incident to file the claim.

2. Case Investigation

If a lawyer takes on your case, they will do an investigation. They might interview you and other witnesses to the accident. Additionally, they will calculate the total amount of damages you have incurred and determine how much compensation you deserve.

After doing a basic investigation, your attorney might send a demand letter to the negligent party. This is done before the personal injury lawsuit is filed. If the other party gives into your demands, you don't need to file a lawsuit. Instead, you walk away with a check in your hands.

3. Filing the Lawsuit

The next step is to file the lawsuit. When your lawyer does this, a judge will set deadlines for the various phases of the personal injury lawsuit process. Typically, it takes between several months and several years to resolve cases.

After filing, both lawyers will go through the discovery phase. They gather evidence supporting their arguments and will take depositions from witnesses and experts. It could take between a few months and a year to finish the discovery phase. 

Before or after the discovery phase, the defendant has a right to file motions. They could ask the court to dismiss one or more of your claims. In most cases, your lawyer has 28 days to respond to the motion and convince the court otherwise. 

4. Mediation

You don't have to resolve your case in a courtroom. Rather, you may be able to get a settlement through mediation. At any point, after you have filed the lawsuit, you can request mediation. If you and the other party come up with an agreement, the case is resolved and you do not need to go to trial.

Most personal injury lawsuits are resolved through mediation. In many cases, the other party does not want a long and drawn-out court case. They would rather bring things to an end swiftly.

5. Trial

If you don't establish an agreement in mediation, your case will move on to trial. This is your chance to convince a judge or jury that the other party is liable for your injuries. Usually, the process begins with jury selection, opening statements, and witness testimony. Then, there are closing arguments, jury instruction, and the jury deliberation. They issue a verdict that is either in your favor or against you.

If you want a positive outcome for your case, you should work with an aggressive personal injury attorney. They will fight for your rights. Contact The King Law Firm - Personal Injury Lawyer to learn more about your options.

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