The 9 key phases of a personal injury case
Suffering a personal injury is like a Russian roulette, you never know if it will touch you or when. Anyone can fall, slip or have an accident, but if the event occurs because of the action or inaction of a third party, there is the possibility of demanding monetary compensation for the damage that occurred.
Legal procedures can be intimidating, especially for those who, in addition, bear the emotional and physical trauma associated with an injury. Therefore, knowing a priori what are the phases of a case for personal injuries can help alleviate stress during the process:
1. Seek medical attention immediately: receiving the necessary medical care is the most important, not only because some injuries may not appear at the time, but because if it is not done on time or it is declined, it may be used later against you by the other part. It is important to document any visible damage with photographs and to have a medical report, since these are fundamental proofs of the case.
2. Consult an experienced personal injury lawyer: as soon as possible, meet with a lawyer for a free case evaluation and understand the available legal options and real chances of success.
3. Investigation of the claim: once hired, the lawyer carries out an in-depth interview with the injured person to know details of the accident, medical attention received and health, labor and financial history. It also collects all reports and medical bills related to the injury, official documents from the other party that may be relevant to the case, and interviews with witnesses.
4. Claim presentation: once the papers and the compensation claim letter are sent to the other party, the other party assigns a representative to investigate the case and negotiate an agreement. This step can take time, since there is usually a bidding process and counteroffers. 95% of complaints usually close in this phase.
5. Submission of claim in court: if a compensation agreement is not reached with the other party, then proceed to file a civil claim before the court.
6. Discovery of additional evidence: before the trial, both parties obtain additional information through interviews under oath to the injured party, witnesses and experts, as well as documents that may be relevant, such as past medical reports.
7. Mediation: the parties meet with a mediator approved by both to try to reach an agreement.
8. Trial: if an agreement is not reached during the mediation process, the case is brought to trial for a jury to decide.
9. Appeal: Depending on the case, the losing party may decide to appeal the judgment resolution.
It is important to understand that each case is unique, because the specific circumstances in which the injury occurs and the type and level of severity of the injury vary. However, in general, the majority is usually resolved between one and three years. The Ginarte law firm has been winning personal injury cases for Hispanic clients in New York and New Jersey for more than 35 years. For a free consultation call 1-888-446-2783 or visit https://www.ginarte.com