Last Updated on July 25, 2022 by Aaron Thompson
Every personal injury case is different because of the people involved and the circumstances of the case. The method, however, is quite constant. If you have been harmed in a car accident and are considering filing a lawsuit, you need first grasp how the process works. Your Orem personal Injury Lawyer will lead you through each stage of the procedure, but we’ll walk you through it to give you a better idea of what to expect.
Seeking a Personal Injury Lawyer
There must be an accident that results in some form of injury before a personal injury case may be filed. You have been injured, attempted to resolve the situation with your insurance company or another party, and are still dissatisfied with the alternatives presented to you. At this stage, hiring a personal injury lawyer appears to be a wise move. You should arrange an appointment for a consultation, and you should feel comfortable with the individual who will be working on your case. This will be a lengthy procedure, but you must have faith in the legal counsel who will represent you during your trial.
Examination of Medical Records
After you’ve chosen a lawyer to represent you, it’s time to get down and discuss the details of the accident and your injuries. Your personal injury attorney will want to go through all of the circumstances of your case to see whether there is anything to pursue. They will very certainly ask you a lot of questions in order to better grasp what happened and what your side of the story is. Try to be as thorough as possible in your responses. No lawyer wants to be surprised later on in the course of working on your case. They will most likely want to review your medical records and bills for the occurrence. They may also want to review any past medical records, especially if the damage was severe.
Possibility of a Settlement
The quickest and easiest approach is to avoid going to trial at all. You won’t have to go to court if you can reach an agreement with the other side. This will eventually save everyone time and money while also providing a quicker answer to your urgent difficulties. If possible, attempt to reach an agreement.
It is conceivable that your lawyer will make a settlement offer to the opposing lawyer or insurance provider. This may not work, but it is worth a go. Your attorney’s advice will be based on a settlement over the facts of your specific dispute.
Maximum Medical Improvement
Until you have obtained (MMI) maximal medical improvement, your lawyer will refrain from launching a case or requesting a settlement. This essentially indicates that you are as healthy as you will ever be and no longer require medical care. There is no way to tell the true worth of your case until you have reached MMI. If you still have surgery, therapy, medicines, rehab visits, and lost income in the future, you will most likely not receive the whole amount owed.
Filing a Lawsuit
If the demand for a settlement does not work, the next step is to file a lawsuit. This must be submitted within a specific time frame, known in the legal world as the “statute of limitations.” If you file too late, the courts will dismiss your lawsuit. This is why it is critical to contact a Utah personal injury lawyer as soon as possible following an accident.
Before coming to trial, the pre-trial procedure can sometimes take one to two years. Papers must be served on the defendant informing them of the matter and setting a court date. There may be motions made to dismiss the whole complaint or parts of it. All of these procedures take time.
Discovering and Obtaining Facts
After the case has been filed, it is time to gather the facts. The plaintiff and defendant will each research the legal claim and any relevant defences. Both parties’ legal representatives will ask questions, seek documents, and collect testimony from any witnesses. This might take anything between six months and a year.
Trial, Mediation, or Settlement
It is usual for attorneys to raise the prospect of settlement during the litigation procedure. This means you won’t have to go to trial and will receive your money sooner rather than later. You might also go via mediation. A third-party mediator will assist the parties and their counsel in reaching an amicable settlement. If this doesn’t work, you can go to trial.
A trial is not always as thrilling as it is represented in movies or on television. Each case will proceed in the following order:
- Selection by jury;
- Opening statements;
- Testimony of witnesses;
- Arguments for closure;
Your trial may last a day, a week, or even longer. Trials are frequently rescheduled prior to the jury selection process. This is completely typical and has nothing to do with the facts of your case. Don’t be concerned. However, please be patient. The decision will tell you if the jury agreed with your stance and whether you are entitled to lose compensation.
Car Accidents in Salt Lake City
Car accidents do happen, with approximately 9 million occurring in the United States each year. These accidents hurt 3 million people, with 2 million of these victims suffering chronic disabilities as a result. These injuries often need continuing medical care, and wounded persons are frequently unable to return to work while recovering from an accident, resulting in a large loss of income.
Moxie Law Group’s skilled Utah car accident attorneys have a proven track record of assisting Utah residents in recovering following a collision. We have recovered over $850 million for our customers and have a 97 percent success record. If you or a loved one has been hurt by a careless motorist, contact us right once at 435-419-5710.