The Personal Injury Blog

When people get injured, they often have a lot of questions about the law and how the personal injury lawsuit process works. In general, there are a handful of steps that happen after someone experiences an injury. Though not all personal injury cases will go through each one of the following steps, anyone who is thinking about filing a personal injury claim can expect the following stages:

The Personal Injury Consultation

The first step in any personal injury lawsuit is meeting with a personal injury lawyer in your area. Because every state has different laws that apply to these cases, only attorneys who have experience handling cases in your geographic area can give you advice. A personal injury attorney will talk to you, ask you a series of questions, and evaluate the facts of your case in light of state and federal law. In the vast majority of situations, this initial consultation does not cost you anything.

Filing the Case

If, after you discussed the case with a lawyer, you decide that you want to move forward with the lawsuit process, you will then file the lawsuit itself. This is a document often known as either a petition or complaint, but it essentially accuses someone else of causing you harm. Most personal injury cases are filed in state courts, though it’s also possible to file some cases in a federal court.

Discovery

After filing the case, your attorney will begin the discovery process. This is the process through which you find out all the relevant information about the case. This can include asking the people involved questions, requiring the other party to submit to depositions, or demanding the other party turn over any documents that relate to the case.

Settlement Negotiations

After a case has begun and both sides have investigated, they will often enter into settlement negotiations. These settlement talks are designed to conclude the lawsuit without the necessity of having to go to trial. For example, the defendant, the party being sued, might offer the plaintiff a monetary settlement. If the parties agree to a settlement, the plaintiff will drop the lawsuit and that will end the case.

Trial

If settlement negotiations fail the case will go to trial. At trial, each side gets to present their case and try to persuade a judge or jury as to who is correct. Plaintiffs have the burden of proof, meaning they have to present evidence to show that the defendant is liable. If the court decides that the plaintiff proved his or her case, it will order the defendant to pay damages that it deems appropriate.

Collecting Damages

Winning a personal injury lawsuit is great, but actually receiving the money the court orders the defendant to pay is something else. The process of getting the money you’re owed is called collections. Collections can require you, for example, to file a garnishment with the court to take money directly from the defendant’s bank account or paycheck or take other actions in order to collect the money.

Appeals

When someone, either the defendant or the plaintiff, files an appeal, the party is asking an appellate court to review the trial court’s decisions. Appeals can result in the appeals court affirming the trial court’s decision, overturning it, or sending the case back for a re-trial.

When it comes to motor vehicle accidents the first, and most important, action is to prove fault. The fault is demonstrated when examining if the pedestrian or driver have been careless or negligible, and/or have violated the rules of conduct in the maintenance, ownership, use or operation of the vehicle.

In most cases that involve motor vehicle accidents, it is relatively simple and quick to prove who is at fault. For example, an accident in which a traffic rule has been clearly violated such as failing to stop at a red light. On the other hand, there can be situations where it is not as straight forward to demonstrate which party is at fault and, in these instances, it can be more challenging to hold the negligible party liable. This kind of situation may occur when two cars attempt to access the same lane, simultaneously. In this scenario, it is critical to determine which party was careless or almost negligible.

Personal Injury

In order for a party to be held liable, their negligence in the matter must be proven and shown to be the cause of the accident in question.
For negligence to be proven, the victim needs to demonstrate that the other party (driver or pedestrian), had a reasonable duty to exercise caution; that they failed their duty to exercise reasonable caution; and also that their failure of executing this reasonable caution is what caused the harm to the other party. Alternatively, if the victim involved in the motor vehicle accident has, in any way, contributed to the accident by way of a negligent action(s) of his or her own then it is more difficult to discern liability. In these circumstances, the victim’s compensation for injuries or damages will be limited or even barred.

There are many kinds of motor vehicle accidents that may warrant compensation for damages and/or injuries. Some examples include:

1. Car Accidents
2. Bus Accidents
3. Truck Accidents
4. Bicycle Accidents
5. Motorcycle Accidents
6. ATV Accidents
7. Boat Accidents
8. Pedestrian Accidents

The parties that can be held liable in a motor vehicle accident depend upon the type of vehicle involved. As an example, a victim that is involved in a motor vehicle accident with a truck can hold liable, and seek compensation and/or damages from, the driver for his action(s) or lack, thereof. Additionally, the victim can also hold the owner of the truck, the company whom the driver leased the truck from, and even the manufacturer of the truck liable. The manufacturer of the truck can be held liable for the accident if it was a direct result of faulty vehicle parts, for instance, defective equipment such as tires or breaks.
Compensation as a result of damage from a motor vehicle accident can be pursued through a number of different avenues. For example, as a victim of a motor vehicle accident, you can seek compensation for direct damage to property, destruction of property, and loss of use of the property. You may also be entitled to further compensation for direct injuries, cost of hospitalization or medical expenses, loss of employment, disability, pain and suffering, and even loss of consortium.

Given the intricacies in ascertaining negligence, liability, and, ultimately, compensation for damages, it is imperative that you obtain proper legal representation in your matter. Our highly experienced and compassionate lawyers at Intact Accident, in Albuquerque, New Mexico, will ensure that your rights are defended, that the right party (ies) are held liable for their negligible (in)actions and that you receive the maximum amount of compensation and/or damages possible for the wrong that you have endured.

For a FREE consultation, NO costs up-front, and the compensation that you deserve, call Intact Accident Personal Injury Lawyers today!