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Personal Injury Lawsuit Processes Explained.
If you have suffered from a trip, fall, or other accident that wasn’t your fault, paying for your medical bills is downright unfair. After all, someone else caused your accident, so why should you fit the bill?
Despite this, thousands of people every year are put off seeking out an Indiana personal injury attorney simply because they believe they will have their emotional problems dragged through the court system. This is as untrue as it is harmful.
You won’t need to go near a courtroom most of the time if you claim for personal injury. However, here’s what happens when you decide to make a claim.
The Process of Personal Injury
When you are first involved in an accident, a personal injury lawyer wants you to do some things. First, you need to go to the ER if you are seriously injured. Next, you need to make sure the police are aware of your accident and give your version of events. These two records are the official documentation of your accident. Without them, any accident at all is difficult to prove.
If you are incapacitated, have your family contact a personal injury attorney on your behalf. The lawyer can then gather the evidence you cannot pick yourself. This involves speaking to witnesses and photographing the scene of the accident for posterity.
When your attorney has all of the information they need to make a claim, they will put it together in a sworn declaration or statement of events. You have probably heard the name given to one of these before. It is called an Affidavit and is popularly used in law-based TV shows.
What Happens Next?
You and whoever else was involved in your accident will both put together your affidavit. Once they are ready, they will go before a judge. You do not have to attend, although your injury lawyer might. The judge will decide who is at fault and how much at fault that person is.
Provided you are found to be less than 50% to blame for the accident, your claim for personal injury can proceed. The next stage isn’t court but a settlement hearing. Your attorney, yourself, and the other parties will be invited to attend these hearings. The point of these is to determine how much the opposition is going to pay you. When they have decided on a sum, you can refuse it or accept it.
Should I Accept the First Offer?
Traditionally you are supposed to refuse the first offer, and the offending party should offer more. However, the court is expensive, and companies want to avoid it if they can. Talk to your attorney about any offers made to discern whether they are fair offers and follow their advice about whether or not to pursue the matter.
Only if you cannot settle will you have to go to court for a personal injury claim. Even then, it’s only if you want to. Then, the matter is entirely in your hands… with the aid of a reasonable attorney, of course.
