People generally have mixed feelings when it comes to personal injury claims processes. Some feel that the process is short and easy while others believe it is a long and arduous one. However, these opinions may be based on a number of factors. One key factor is whether or not the injured individual had the assistance of a lawyer during the entire personal injury process. This article will discuss elements of the personal injury claims process.
It is important to note that the personal injury claims process may be less complicated and more understandable with the assistance of a personal injury lawyer. In instances where the victim has been injured in a personal injury incident, they should first of all contact a lawyer for a consultation to determine the worth of their case and the potential success and validity of it.
Before filing a personal injury claim it is important to note that the claim must be filed within the statute of limitations that is applicable to the incident and the state where the incident occurred. Further, pre-case factors must be taken into consideration in order to determine if the claim is worth making.
The initial stages of providing documentation and evidence before the case starts is important as it has a key bearing on the success of the case. In addition, it allows the legal representative to be aware of what additional information is necessary as proof or to corroborate witness testimony and receive or investigate factual details. Where there is need for an expert witness or accident reconstruction, the lawyer is able to contact such professionals where necessary.
It must be understood as to what is required for a personal injury claim and how such factors are used in the case. There are certain documents that may be required at each stage, certain motions may need to be filed and put into the proceedings for different issues and further, postponement may result due to a number of issues.
Take note of the following stages of a personal injury case:
- Meet with a personal injury lawyer - the lawyer will take the case and walk the injured party through the process
- Court papers will be filed at the beginning in order to initiate the claim. During the personal injury case other papers may be filed with the court such as motions.
- Discovery - this is when the defendant and plaintiff exchange factual details and evidence. This may also be where one goes on a fact-finding mission to talk to people and obtain documents or proof of the claim
It must be noted that some cases have motions to dismiss in order to end proceedings before they go to trial. If there is insufficient evidence to succeed with litigation a motion to dismiss may be filed as well. In many instances the defense and plaintiff lawyers sit down to settle or negotiate a settlement as compensation. If settlement is not agreed upon, parties may go to trial where both lawyers present their case in front of a judge or jury.
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