Personal Injuries: Make Your Way Through a Case

  • 3 months   ago

All personal injuries are a cause of significant concern. As the lawyers at  https://diamondlawbc.ca/ put it, 'it's even more confusing and aggravating to realize that other's negligence was the cause of your injuries.' 



If this is your case, you'll need to get acquainted with personal injury law.

Car accidents make up most of this kind of lawsuit, but the basis can range from a slip to an explosion. Today, we'll explain the steps you should take if you find yourself in this situation.

Lawsuits: Typical Steps

Every lawsuit is, unfortunately, a lengthy process. Let's take a brief look at each step.

Consultation With a Lawyer

Following the accident, you should consult with an experienced professional about the specifics of your case. In tandem, you should consider the following:

Was there negligence of another party?

How severe are your injuries?

What legal options do you have?

What will be your medical costs?

That way, you will know whether you need to file a lawsuit or not. 

Investigation of the Case

Your attorney of choice will investigate your claim. Sometimes, they will also collaborate with experts in a variety of fields and also take a look at the possible defences of the opposing party.

They will contact witnesses of the accident and obtain their statements. During this process, they should keep you informed.

Demand Package

In this step, you'll make a demand for settlement in the form of a letter. The opposing party will review the document and reject it, make a counteroffer, or accept it.

Filing a Lawsuit

If the opposing party rejects your demand package, you will work with your attorney on filing a lawsuit.

Discovery Phase

Before the trial, the two parties will gather evidence from each other. Here, your lawyer must collect the appropriate factual background of the case.

Mediation

A mediator will oversee the attempt to reach an agreement with the opposing party, trying to avoid a trial.

Trial

The phase following mediation is the trial. In this step, a judge or a jury will evaluate the case, determine fault, and award damages.

Appeal

If you lose the trial, you may appeal a case. This process is different from the one we described above, so you should get an expert to help you in this, too.

Should You Consider Self-Representation?

If you're willing to stand up for yourself, and especially if you have experience in legal matters, it may be the best-case scenario to go for self-representation. However, before deciding on this course of action, consider two key factors.

The Severity of the Injury

When your injuries are as small as a few bruises, the culprit won't put up much of a fight and offer a quick settlement. 

If the injury was severe, though, and included extensive medical treatment, significant loss of income, and pain and suffering, you will want to discuss a case with a professional at least.

Is the Fault Clear?

If you got hurt and it's evident that another party is to blame for the injury, it won't be a problem to prove fault and get the settlement by yourself. 

However, if you don't have witnesses, or it isn't 100% clear whose fault it was, the other side may point the finger back at you.

Maximize Your Compensation

Finally, we'll give you some advice to use if you get a compensation offer that isn't satisfactory.

Preserve All Evidence

The jury decides your case using evidence. Besides, the other party will decide on how much they can offer based on the strength of your case. So, the more evidence you preserve, the higher the chances of a fair settlement.

Get Medical Treatment

A victory in your injury case means you get fair payment for your losses and injuries. To do so, you'll need an accurate picture of the damages you suffered. Doctors will document your injuries and create a treatment plan.

Don't Get Too Eager

If you're unfairly hurt, you may be eager to get compensated as soon as possible. However, accepting the first offer often leads to receiving less than you could've. Work with an attorney and take their advice on whether you should accept or decline an offer.

Provide Explanations

You need to convince the opposing side that your case is solid. So, if their offer is insufficient, explain to them why. Provide documentation to back your claim, too. 

The Bottom Line

Finally, remember that a decent settlement doesn't always need to take place in court. Sometimes, it's easier to accept an offer - but only if it's good enough.

Negotiation is your friend here. Be polite and reasonable and explain your story with adequate evidence. If you do end up in court, don't despair. Most juries will determine a fair settlement.

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