7 Steps in a Personal Injury Lawsuit

Posted on behalf of James Lynch on August 31, 2017  in Personal Injury News. Updated on March 2, 2022

paperwork for personal injury lawsuitIf you have suffered an injury caused by another person’s negligence, a personal injury lawsuit may be the solution to aide you in recovering the compensation you deserve for your medical bills, lost wages, and pain and suffering.

However, pursuing a personal injury lawsuit in New Jersey can be complicated and it is best to have the guidance of a qualified New Jersey personal injury attorney. We can guide you through the following steps, which may vary slightly depending on the details in your case.

1. Consult and Hire an Attorney

The first step you should take if you are interested in pursuing a personal injury lawsuit is to consult a trusted personal injury attorney. It is in your best interest to work with a skilled attorney when pursuing a personal injury case, as he or she will provide professional legal guidance about your claim and the legal process.

In a free, no obligation consultation with our team of qualified attorneys, we will work to answer any questions you may have about hiring a personal injury lawyer and filing a lawsuit.

We will also ask for information and details about the cause of your injury in order to determine if you have a viable case. It will be helpful if you bring along all evidence you have that supports your claim, including:

  • Medical records
  • Police or accident reports
  • Personal notes

If we believe you have a case, we will immediately get to work investigating your accident and injuries. We will gather and review all available evidence to determine the cause and scope of your injuries and the compensation you may be entitled. We will advise you of all legal options and help you determine the route that is in your best interest.

2. Insurance Negotiations

Many personal injury cases begin with the filing of an insurance claim with the at-fault party’s insurer. If you have not already done so, our attorneys can help file a claim for you.
If necessary, your attorney may create and send a demand to the insurer, detailing the case as well as an acceptable settlement amount. An insurer may choose to issue a settlement, negotiate or refuse the offered terms.

Our attorneys will handle all communication with the insurance company on your behalf, working to negotiate a favorable settlement that provides you with the compensation you need.

3. Filing the Lawsuit

If the insurer refuses to cooperate and provide a fair settlement, a personal injury lawsuit is often the next course of action. Your attorney will file a complaint with the court. This legal document initiates the lawsuit and details your allegations regarding your injuries and the extent of your damages. The at-fault party will have a set amount of time to respond to the complaint.

At this point, your case will head toward trial.

4. Discovery

The discovery process aides your attorney in preparing for trial. During this phase, both parties will gather testimony, evidence, documents and information from each other and third parties.

Your attorney may consult experts, conduct witness interviews and research how different laws apply to your case. Each party may also participate in depositions, which include asking written or oral questions to witnesses, experts or the other party.

5. Settlement Negotiations

Throughout the pre-trail process, as each party is gathering evidence to support their case, each party will likely attempt to negotiate a settlement. This is generally in the best interest of both parties as it will prevent the case from moving into a lengthy and expensive trial. Because of this, most cases settle before trial.

6. Trial

If a settlement cannot be reached, the case will go to trial before a judge and jury.

During trial, each party will argue its side of the case. Your attorney will present evidence, call upon witnesses and experts, and deliver arguments to support your claim. The jury will listen to and deliberate on the evidence presented, and with instruction from the court, will arrive at a verdict.

In the case of a personal injury, if the jury rules in your favor, it may also issue a compensation award for the damages relating to your injury. Our attorneys will do everything we can to help you obtain the maximum compensation you deserve.

7. Appeal

Once a verdict is handed down, either side has the right to appeal the court’s decision. If an appeal is granted, the case decision, evidence and details will be reviewed by a higher court.

If the appellate court finds the lower court ruled improperly, the decision of the lower court may be reversed. Appeals can draw out the legal process for years.

Contact Our New Jersey Personal Injury Attorneys Now

Because this process can be complicated and it is vital that you are well versed in the legal process and laws that apply to your case, it is in your best interest to hire a New Jersey personal injury lawyer to handle your case for you.

The skilled attorneys at Lynch Law Firm, PC will guide you through the personal injury lawsuit process, working to help you recover the compensation you deserve for your medical bills, lost wages, and pain and suffering.

Contact us today to schedule your free, no-obligation case consultation. We accept cases on a contingency basis, and legal fees are only charged if we successfully recover compensation for you.

Call (800) 518-0508  today.

* Results may vary depending on your particular facts and legal circumstances.

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