What can I expect during my Personal Injury Case?
After you have been involved in an accident, whether it was an auto accident or a slip-and-fall, or you are filing a claim on behalf of someone who suffered a wrongful death, you may be asking how the personal injury process goes and what will be expected of you.
A Free Initial Consultation and Upfront Information
The first step in a personal injury case is hiring an attorney. Many people fear hiring a personal injury attorney because of the high fees that are typically associated with working with an attorney, but most personal injury attorneys work on a contingency basis, which means that they pay all of your upfront court fees, and that victims do not pay unless their attorney wins their case for them. After winning, their attorney will take a percentage of the amount awarded by the court, typically between 30% and 40%. Most personal injury attorneys also offer a free case evaluation where they review your evidence, such as medical bills, and listen to your description of events. They then determine whether or not you have a strong enough case for them to represent you. Most victims will meet with an average of three personal injury attorneys before making their final decision.
The Legal Process
Once you have chosen the attorney you want to work with, and they have agreed to take your case, they will serve the opponent in your case — called the defendant — whose attorneys will file a reply. This will officially start the case where both sides gather evidence by interviewing witnesses, collecting evidence, and exchanging information. Both sides may also make preliminary motions with the court.
Although your personal injury attorney will be ready to take your case to trial if needed, they typically try to resolve the case by settlement. This may involve mediation, for example. If your case settles, then you’ll receive a payment amount that has been negotiated by both sides. At that point, the case would end.
However, if both sides cannot resolve their disputes, then the case will go to trial, and your lawyer will present your case before a judge and a jury.
Compassion and Care
You should expect compassion and care from your personal injury lawyer and accept no less than their empathy and respect. When you call your attorney’s law firm, you should expect to talk to your attorney directly, not legal aides. This is important because too many firms focus too much on recruiting new clients and then passing them off to legal aides. They give an impressive presentation during the free case evaluation and then disappear to impress other people.
Your attorney should promptly respond to your inquiries and concerns. When a person has been injured in an accident, they are not only facing the financial stresses of paying for their medical expenses and other bills due to not working but the depression and stress at home due to their physical disabilities. Members of your household might have to pick up responsibilities that they did not have previously. All attorneys go to law school, but not all of them have the necessary empathy and respect, so choose someone who you believe has your best interests at heart.
