Whether you have been in an accident or got injured at a store or at your workplace, filing a personal injury case against the guilty party is your right. When you decide to file a case, there are some basic stages you will go through to make it legit. These are as follows:
Hire an Attorney
The first thing you should do before going to the insurance company is to hire a personal injury attorney right off the bat. Irrespective of the extent of the damages sustained or liability, no judge will take your case seriously if it has not been reviewed by an attorney. These professionals can provide proof of your injuries in a language the court will understand after all.
File a complaint
Once your attorney has determined that you have a case that can be held up in court if needed and that there are no unnecessary hurdles to its success, he/she will pass a personal injury complaint. This will be the very first document for your case and will detail what you (the plaintiff) believe the guilty party (the defendant) did. After this your attorney will have at least a month to track down the latter and serve the complaint to him/her so that they cannot deny they never received it. This will also include service papers that will have the date of the hearing.
In this process, both sides, your’s and the defendant’s, will exchange evidence along with information from witnesses. This is called the ‘discovery’ phase and in this phase both of you will have to appear in front of a judge and decide how the case is going to go. This includes making a decision on whether or not a mediation will take place and setting a date for the trial that both of you have to adhere to. During this time, you and the defendant will undergo cross-examination under oath and in the courtroom.
This process can take months and even years depending on the personal injury case and the trail date may be set back as well. However, once the case has proceeded as far as it can, the defendant can ask for a ‘summary judgment’ or both parties can increase their efforts to engage in a settlement. This can also include a few motions to ascertain the evidence that will be presented during the trial, the selection of an impartial jury etc.
Personal Injury Case? Call Attorney Javier Marcos
In such cases, a personal injury attorney can help you navigate through the red tape and get you a settlement that can fulfill your medical and emotional needs after your accident. If you are involved in such a case or know someone who needs expert legal advice regarding such cases, point them to Attorney Javier Marcos. We have extensive experience fighting for clients in court to ensure they get the settlement they deserve and get their day in court without hassle. Just give us a call by dialing 713.999.4444 for a free consultation. We are open 24 hours. No payment unless we win the case.