The Personal Injury Legal Process Explained
One thing that is a total mystery to most prospective
personal injury plaintiffs when they first contact an attorney is the legal
process itself. If you are considering hiring an attorney for personal injury
in Bradenton, FL, the following is a summary of the personal injury lawsuit
process from start to finish
Initial Consultation with a Lawyer
This meeting is to let you feel the lawyer out regarding
your case and for the lawyer to get a sense of what you would be like as a
client. The lawyer can also tell you if you have a major personal injury claim
(where you miss work for more than a couple of days, you are seriously injured
or your medical bills are more than a couple of thousand dollars) or one that
is smaller and may be able to be settled by you out of court.
Investigation
The next phase is your lawyer investigating what happened to
you, your background, your medical condition, and treatment. Your lawyer and
staff will interview you extensively and it is important you be as truthful and
complete as you can.
Your medical records will also be collected and reviewed.
Based on the data in them, your lawyer will determine if you have a case.
Demand, Negotiate and File
Depending on how strong your lawyer thinks your case is,
they may make a demand to the attorney of the person or organization that
caused your injury. In some cases, they will contact the other side’s insurance
company. If discussions with the defendant’s side do not yield a settlement or
if your injuries are such that permanent disability is likely, they will file a
lawsuit on your behalf.
Discovery
This part of the process is when both sides take a look at
what the other is alleging or claiming and what their defenses are. This
process can last anywhere from weeks to over a year, depending on the
complexity of the case.
Mediation
Once discovery passes, your lawyer will discuss your case
with the other side; they will also discuss settlement numbers. If those talks
do not work, they may enter into mediation to try and have a third party come
up with a suitable settlement for all involved.
Trial
If mediation does not work, the case is scheduled for trial.
A trial can last anywhere from days to weeks, depending on the details of the
case.

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