If you have ever had to file a legal claim, you may know that there are many steps to the process. Although regulations may vary from jurisdiction to jurisdiction, here are the most common stages of a personal injury claim:
Consultation with Legal Team: This stage takes place when the injured party first discusses the details of their injury with a legal team. Legal counsel will determine whether or not the injured party is eligible to file a personal injury lawsuit. The legal team will also review any local laws or limitations that may affect the case at hand.
Filing the Claim: Once it is determined that the injured party is eligible to file a lawsuit, the legal team will file a claim with the court. The other parties involved in the lawsuit will be notified that there is a claim pending against them. Important documents are gathered, copied, and sent to everyone involved in the case.
Finding the Facts: During this time, each party is allowed to review evidence presented by the other party.
Pre-Trial Motions: This stage takes place before a trial formally begins. At this time, the rules for the proceedings are established and claims can be resolved before going to trial.
Negotiation and/or Settlement: In some cases, the parties choose to negotiate a settlement rather than bringing the case to court. This can shorten the case and save both parties money and time. However, not every case can be settled and must go to trial.
The Trial: During the trial, the legal teams come before a judge to present their evidence. Eyewitness testimony or expert testimony may be presented to the court. Each party presents their case and questions any witnesses.
The Court Judgement: After each party presents their case, a jury will deliberate their findings and the judge will issue a ruling. The judge will determine the amount of compensation awarded to the injured party.
The Appeal Process: In some cases, one or both parties may appeal the findings of the initial trial. This stage will only take place if there has been a legal error that occurred during the initial trial.
Most successful personal injury claimants have a strong legal team on their side to help them navigate through the trial process. If you wish to make a personal injury claim, get in touch with a qualified legal professional to determine if you are eligible to start the personal injury claim process