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Personal Injury Walkthrough

January 13, 2016

For most individuals the idea of filing a lawsuit can be remarkably stressful. Few people enjoy conflict, and the thought of fighting in court to recover money for your injuries can be enough to stop you from ever reaching out for assistance in the first place.

Unfortunately, a lot of people operate under some significant misconceptions when it comes to the personal injury lawsuit process. The process itself is often far less stressful than many people initially believe it to be. To help dispel some of these common misconceptions, let’s look at how the average personal injury lawsuit works, and what it requires.

For many people who have never had to file a lawsuit or even talk to a lawyer, the idea that you’ll have to sue somebody after you suffer a personal injury can be remarkably stressful. Few people enjoy conflict, and the thought of fighting in court to recover money for your injuries can be enough to stop you from ever reaching out for assistance in the first place.

Unfortunately, a lot of people operate under some significant misconceptions when it comes to the personal injury lawsuit process. The process itself is often far less stressful than many people initially believe it to be. To help dispel some of these common misconceptions, let’s look at how the average personal injury lawsuit works, and what it requires.

The Personal Injury Case Begins

Personal injury lawsuits typically begin soon after someone suffers an injury. Note, however, that this isn’t always the case. For example, you might suffer an injury and only learn a significant time later. Your ability to file a lawsuit depends on you discovering that you have suffered some kind of harm. So, personal-injury lawsuits usually can begin after you learned that you have been injured, even if it’s years after you suffered the harm.

As result of your injuries, you might have to pay for health care, rehabilitative services, or other medical costs. You might also lose money because you can no longer work, suffer a loss of enjoyment of life, or experience other personal or monetary losses known as damages. When you file a personal injury lawsuit, you will be entitled to recover money for these damages.

Hiring a Personal Injury Lawyer

So, you’ve suffered an injury, incurred damages, and want to know what comes next. For most people, the next step in the personal injury lawsuit process is talking to, and possibly hiring, a personal injury attorney. The lawyer will ask you a range of questions about your case, the extent of your injuries, and may ask you for evidence to support your claims. After that, you and your lawyer will decide what the best course of action will be.

The Demand Letter, Negotiations, and the Personal Injury Lawsuit

In most situations in which a person hires a lawyer, the lawyer will not file a lawsuit right away. Instead, the attorney will send a demand letter to the person, organization, or government agency responsible for your injuries. The demand letter states what you want in compensation for your losses, the reason you believe the other party should pay, and the legal basis for your case.

If you and the other party cannot come to an agreement after your lawyer has sent a demand letter, you might then begin the lawsuit process. This usually involves your lawyer going to a local court, filing a lawsuit, and then beginning a series of steps. Some of these steps will involve collecting information, while other steps will involve negotiating with the other side to see if you can arrive at a mutually agreeable settlement. A trial only results if each side of a lawsuit cannot reach a settlement.

So, before you run away from the idea of filing a personal injury lawsuit, give yourself the chance to talk to a lawyer about your case so you can be sure what your options are.

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