Personal injury lawsuits offer individuals a common avenue to seek compensation for injuries resulting from the misconduct or negligence of another person. However, not everyone is familiar with the proactive steps involved in filing and winning such a lawsuit. This article provides an overview of the personal injury lawsuit process, detailing the steps, expectations, and potential outcomes.
Step 1 – Filing the Complaint
Initiating a personal injury lawsuit starts with formally outlining the extent of the injury and the events leading up to it. The plaintiff submits a formal complaint to the court and serves it on the responsible party. This complaint, marking the inception of the lawsuit, details the plaintiff’s injuries, the damages sought, and sets the stage for legal proceedings.
Step 2 – Discovery
During the discovery phase, both parties actively gather evidence for the impending trial. This process involves various methods, including written requests, depositions, and interrogatories, all aimed at building a robust case.
Step 3 – Pre-Trial Motions
Before the trial, attorneys for both parties make pre-trial motions. These motions seek to dismiss the case or specific claims within it. Defendants often seek to have claims thrown out, while plaintiffs aim to exclude certain evidence. Notably, these motions do not involve the judge and jury.
Step 4 – Trial
The trial is when both parties present their cases before the judge and jury. During the trial, each side can present evidence and witnesses. The judge determines the admissibility of the evidence presented by each side. After all the evidence is presented, the jury makes a determination as to who should win the case and what damages are to be awarded.
Step 5 – Verdict
The verdict is the final decision made by the jury regarding the case’s outcome. At this stage, the jury decides on the amount of compensation awarded to the plaintiff.
What are the possible outcomes of a personal injury lawsuit?
There are three possible outcomes of a personal injury lawsuit:
- Settlement: Parties in a personal injury lawsuit reach a settlement, an agreement outside of court. The agreed-upon settlement amount is determined by the injured person’s likelihood of winning the case in court.
- Mediation: Mediation is a non-binding process, in which a neutral third party (mediator) helps the parties to negotiate a settlement. The mediator helps both parties to communicate and come to an agreement before the trial.
- Trial: During a trial, the legal process involves presenting evidence before the judge and the jury, who ultimately determine both the party at fault for the injury and the amount of compensation the plaintiff should receive.
Why Hire a Personal Injury Lawyer?
Most people choose to hire an attorney when filing a personal injury lawsuit because they have experience and expertise in this area. An experienced attorney can navigate the legal system and offer invaluable guidance throughout the process. Additionally, a good personal injury lawyer can help the plaintiff to receive a much higher settlement than if they were to represent themselves. In fact, studies show that plaintiffs who hire attorneys receive more compensation in settlements than those who do not.
- Each year, the United States experiences approximately 39 million injury-related emergency room visits, as reported by the National Safety Council.
- The average compensation for a personal injury lawsuit is $52,900. However, it can vary based on factors such as the severity of the injury and the defendant’s financial position.
In conclusion, personal injury lawsuits can be complex and intimidating, but you do not have to handle them alone. By hiring an experienced attorney, you can get the guidance you need to navigate the legal system and receive the compensation you deserve. At John B. Jackson Law, We commit to actively help our clients attain the justice and restitution they deserve. Contact us today to learn more about how we can help you with your personal injury lawsuit.