Six Stages of a Personal Injury Claim

Article Written By: georgefuller

Aside from undergoing medical treatments, another fear of automobile accident victims is filing a personal injury claim against the liable individual. One of the main reasons why injury victims are easily intimidated with the idea of filing a lawsuit is because they do not know the specifics of personal injury lawsuit.

If you were injured due to any form of personal injury accidents, you may be entitled by the law to seek and claim for sources of recovery from the negligent person involved. Personal injury victims should bear in mind the steps involved in filing a claim.

Generally, the pre-trial stage of asserting for a claim is the preliminary action, and it includes:

• Securing photographs of the accident scene if you have any

• Acquiring a copy of the police report

• Presenting of medical records and documents

Victims of personal injury accidents may always consult with an automobile accident attorney in order to properly prepare the necessary documents significant in the initial stage of the claim.

Unlike the initial phase, the proper stages are generally geared towards the legal side of the case. The following are considered to be the formal stages of an injury case:

1. Pleading – this stage involves the attorney of the victim filing a complaint against the liable party. The complaint usually contains information about the nature of the case and the reason why it was filed. Also in this stage, the alleged negligent person may reply to the complaint, either to recognize or to retract the allegation.

2. Presentation of evidence – the plaintiff s attorney in this stage, will prepare the necessary pieces of evidence such as medical records and documents that are significant to the claim. Additionally, the defendant may also present evidence that may abrogate the allegations.

3. Settlement – generally, during this phase, the defendant and the plaintiff will agree upon on the amount of monetary compensation the latter may receive. In case that both parties conceded on the agreed settlement, the lawsuit may be concluded.

4. Court trial – If both parties did not reach an agreement regarding settlement, the plaintiff may forward the case to the court. In this stage, the plaintiff s lawyer will present the necessary evidence proving that the defendant s negligence resulted into the accident. The plaintiff s legal team would have to prove that the defendant was negligent during the accident. On the other hand, the defendant s lawyer would have to prove innocence of his client and to retract the claim of the plaintiff.

5. Court ruling – the presiding court will investigate the claims of both sides. In this stage, the court will come up with the specified ruling regarding the case, including the amount of compensation the defendant needs to provide.

6. Appeal – just like in any other types of lawsuits, either of both parties may file an appeal with the legal court. During the appeal, the court will initiate further review of the case.

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