The idea of going through a personal injury lawsuit is not something that many people expect. Unfortunately, they do happen and people who have suffered as a result of negligence need representation. It’s imperative for you to understand what comes next and what to expect when filing a personal injury lawsuit.
Every Stage of the Process
- Filing your initial claim: Immediately after the accident, you want to start the claims-filing process with your insurance company. In some cases, this means also starting the process with the negligent party’s insurance company.
- Denial of a claim: The insurance company has a choice: accept your claim and pay out compensation or deny your claim. If they deny the claim, you can move forward with the following step.
- Filing a lawsuit: If your claim is denied, you can speak with a lawyer about filing a lawsuit to pursue the rightful compensation you are owed. Filing the lawsuit must be done within a specific timeline and you should have all important and associated documents to help make this process go smoothly.
- Motion to dismiss: The defendant (insurance company) can file a motion to dismiss the case with the court. This is their way of trying to get the case thrown out based on a number of merits. If the judge decides to rule against the motion to dismiss, your lawsuit will proceed.
- Discovery: A personal injury lawsuit allows for a discovery phase in which the legal representatives of both sides are presented the opportunity to share the evidence they have. It is during this phase that many cases are settled because one side brings overwhelming evidence to prove liability.
- Settlement offer: If the defendant believes you have a strong case, they may decide to offer you a settlement. This amount is dependent on the defendant and may be what you ask for, or much less. When cases go to trial, it’s because defendants offer settlements much lower than needed to cover the expenses associated with the plaintiff’s losses.
- Trial: This is your opportunity—along with your lawyer—to present the evidence of your case to the jury. The jury will make the decision regarding liability and amount of compensation owed to you.
At the Chris Mayo Law Firm, we prioritize your best interests and work hard to secure the outcome you need. Work with our San Antonio personal injury attorney and you’ll receive homegrown representation that doesn’t back down from anyone.
Call our firm today at (210) 899-5440. We care about our community and the injured.