Let’s talk about pedestrian accidents and how they can be draining. In such instances, you’ll need an attorney to make you understand your legal rights, including determining liability. This professional should represent you throughout the personal injury case. Yet, it is wise to understand what a personal injury lawsuit entails, ensuring that you know what to expect. Here are the steps involved in this lawsuit.
Legal Consultation
The first step to a successful personal injury lawsuit is consulting a qualified personal injury attorney. This professional will help weigh the case’s merits, including establishing liability and instituting legal proceedings. Thanks to their skills and expertise, this process will be significantly straightforward.
Establishing liability requires the lawyer to determine four elements: the presence of duty of care, breach of responsibility, injury to the claimant, and causation in the personal injury claim. The attorney might need substantial evidence to proceed with the lawsuit in such instances.
Investigation
Once the attorney finds the case viable, investigations will start. This phase requires professionals to collect evidence and testimony from different parties. The goal is to prove that the car driver breached their duty of care when hitting you, the pedestrian.
Usually, the attorney can involve different experts in the investigation. A private investigator will help establish the facts of the case. Unless you understand the facts of your case, it will be hard to prosecute it in the long run. In addition, a reconstructionist could be involved to give insights into what might have happened at the accident scene.
Claim for Compensation
The evidence procured during the investigation is then compiled and presented to the insurance company. This is done alongside a compensation claim. A straightforward case where only the driver is liable will involve a single claim, which could take a shorter period to settle. However, if the claims are multiple or complex, separate claims will be presented.
During this phase, the lawyer will establish how the sustained injuries affect the quality of your life. They will also ensure that the insurance company understands this. For this reason, expect them to include testimonials, medical records and bills, lost wages claims, and injury photos in the claim package.
Negotiation and Settlement
Negotiation comes after the insurance company has received your compensation claim. In this case, this company will present its proposal for compensation. Any counter-proposal is what negotiation involves. Excellent negotiation skills will ensure that you get a good deal in the long run. A good lawyer will make sure that your rights are protected during this negotiation.
The settlement offer must meet your current and future medical or financial needs. The idea is to cushion you against the deteriorated quality of life. In most cases, personal injury claims end at the settlement table. However, if you disagree with a particular, suitable offer, it will be vital to proceed to a court trial.
Take It to Court
Suppose you disagree on a perfect settlement with the insurance company. In that case, your attorney will likely advise you to proceed to trial. This attorney will represent you during this stage, providing all the critical pieces of evidence to support your claim. The objective is to establish that the defendant is liable and needs to compensate for your damages.
The outcome of the court will depend on the evidence alluded to and legal backing. While the settlement amount might differ from your projection, you will be sure of justice being served. Personal injury lawsuits are never straightforward. Having an excellent lawyer by your side will improve your chances. Once you get a good one, expect to go through the steps above.
