Is it the first time you are filing a lawsuit against the offender? Usually, after having a car accident, many people think about taking legal help but they don’t know how to file a personal injury case or after how long they will receive the compensation for their injuries or property damage.
If you have faced any kind of severe injury or gone through car damage due to the mistake of another driver. Then firstly, you need to hire a Best Personal Injury Attorney in Knoxville TN. If you are a victim and you are sure that the fault is not yours then your lawyer will guide you to file a personal injury lawsuit against the offender. And will let you know the worth of your damage. As the mistake is not yours so why do you suffer financially, pay medical bills, pay bills for the car repair, and bear lost wages because of injuries. It’s your right to fight for getting good compensation.
As you are going to file a lawsuit you must know the steps about how your lawsuit will proceed in civil litigation in the future. You’ll learn the basics of lawsuit procedures and will get an idea of how legal things work.
1. Plaintiff Hires A Personal Injury Attorney
The most important step is to consult a personal injury lawyer as soon as possible after an accident. Your lawyer will guide you (victim/plaintiff) in a better way and he will make you aware of the process of claim, and give you an idea about what amount of compensation you can expect. If you’re in South Florida, here is a list of Miami’s leading personal injury lawyers for you to choose from. You should discuss all the things with your lawyer related to the accident and don’t hide anything. Discuss:
- How an accident happens, don’t hide who was at fault and if you have statements of witnesses or the pictures show those to your lawyer.
- Medical expenses include reports of doctors, bills of checkups, treatments, and medicines bills.
- You can’t go back to work out of injuries, you are limited to home and suffering due to lost wages.
Keeping these things in mind your lawyer will guide you on whether you should talk to your insurance company and ask for the claim or the defendant’s insurance company will have to pay for the loss you have faced.
2. File A Complaint and notify the Defendant
Now the plaintiff’s lawyer will file a case of personal injury in court against the offender (Defendant). The official document of the complaint contains the whole detail of the allegation like how it was the defendant’s mistake and how this accident affected the plaintiff.
Once the complaint is filed, now the lawyer will send the complaint document and service papers to the defendant at his address and let him know about the date on which he needs to be present in the court. Read more about liangzhongmiye.
3. Let The Defendant Hire A Lawyer
The time will be given to the defendant to hire an attorney at his side who will fight for him and negotiate the settlement. The defendant will be given a month or two to hire a lawyer before the court date.
4. Pre-trial and Discovery Phase
Pre-trial phase allows for settling the case before going to trial. This phase is usually a meeting of the plaintiff, defendant, the lawyers, and the judge before a trial. And the discovery phase helps both parties to reveal unknown factors about the claim. Both parties exchange information related to the case and collect more information from witnesses and look for further evidence that will be presented in the trial phase.
5. Trial Phase
In the trial phase, testimonies are presented before the judge. The judge determines who is at the fault, what’s the mistake of the defendant, and how the plaintiff has been affected. After the confirmation judge finalises the defendant is at fault and he has to pay the compensation for the loss plaintiff has faced. The judge decides how much amount needs to be paid. Sometimes the defendant’s party requests an appeal and the process elongates till the offender accepts his mistakes and reimburses.
6. Settlement Can End The Case
Sometimes the personal injury case doesn’t go to the trial phase and both the parties make settlements outside of the court. The personal injury lawyer negotiates with the defendant’s party and helps the plaintiff to get a good amount of the settlement and end the case.
Takeaway
Accidents happen due to the carelessness of the drivers and bring a lot of calamities. Not just a victim but the offender also confronts tragedies. After accidents both the plaintiffs and defendants have to go through a long process. Being a plaintiff you must be feeling worried about this lengthy process. But by hiring the Best Personal Injury Attorney in Knoxville TN, you will surely feel relaxed and satisfied as your lawyer will handle all the things professionally.
