Going to Court for Personal Injury Claims and Compensations

When you are injured or suffer a loss due to another person’s negligence, getting a compensation is not as straightforward as making a personal injury claim and being paid the requisite damages.

The process begins with a series of offers and negotiations as each side attempts to arrive at a mutually acceptable settlement. However, at times the insurance company may refuse to pay a reasonable amount or even deny the claim outright. When the settlement is at a stalemate, there is no choice but to go to court.

At this stage, you need an accident attorney in Los Angeles, California to initiate litigation proceedings and take the case to trial. At times, just the fact that you have filed a lawsuit may induce the other side to offer a fair settlement. In fact, the claim can still be settled at any time before the trial begins and hardly 5% of all personal injury cases actually end up in court.

What happens next?

A personal injury attorney will fill and submit the various forms for the lawsuit. He or she will identify the appropriate court and provide the requisite information about the cause of action, damages sustained, and type of compensation.

Once a legal complaint has been filed, your attorney will begin investigating the other party’s legal claims and defenses and vice versa. They will share evidences, witness information, and other documents related to the case. The discovery process includes interrogatories, admissions, depositions, and so on.

After this, there is still a chance for out-of-court settlement through alternative dispute resolution tools like mediation or arbitration. Here the focus is not on deciding who is right but more on reaching a reasonable compromise.

If all else fails, the last resort is to schedule the case for trial. It can take 6 months to a year to reach this stage and the actual court proceedings can go on for months again.

The formal trial involves presenting all the related documents, evidence, witnesses, depositions, etc., to a judge or jury. The accident attorney in Los Angeles, California will skillfully represent your side of the story and build a strong case on your behalf. He will raise convincing arguments and also coach you on how to handle the proceedings.

The jury will not be privy to the previous settlement discussions and will arrive at a judgment based solely on the merits of the case. The verdict may settle who should be held responsible for the accident/injury or the amount of compensation that should be paid to the victim. This will be binding on both parties.

However, in case the judgment is not in your favor or not to your liking, you still get a window to consider whether to accept it or file an appeal.