If you’re considering a personal injury claim, you will face a time-consuming process. Not to mention it can be complicated and confusing. An experienced lawyer can help you and most important, explain you the whole process so you won’t feel any additional stress. There are some necessary steps, but the unique factors of each case can impact each step. Still, we will sum up the process of some more basic steps that may happen during the claim process!
Consult with an attorney!
The first step is to determine if you have a valid claim, the types of damages you may be entitled to, the extent and severity of your injuries, and your legal options. The statute of limitations in Arizona is two years. Therefore, the period is two years from the date of the injury to file a lawsuit.
Investigating your claim!
Before you go any further, the legal team should investigate your claim. Angkor’s, after you hire an attorney. The investigation process can include medical records, cell phone records, police reports, the accident scene, witness testimony, etc. Depending on the type of case, the legal team may also need to talk to expert witnesses, even accident reconstructionist.
Filing a Demand
After the process of gathering the evidence, your attorney will file a demand for a settlement. The demand letter will explain your case, including liability and damages you, the plaintiff is demanding. The defendant will review the letter – it can be rejected or denied, or there could be a counteroffer!
Filling a lawsuit
If your injury lawsuit cannot be settled, your attorney will file a personal injury lawsuit on your behalf. The discovery phase begins after a lawsuit has been filed. Both parties will obtain evidence from each other and evaluate how is case build on both sides. It will also determine how will the situation be treated and prepared on trial.
Mediation or trial
Keep in mind that most cases are settled before trial. However, at any point in the personal injury claim process, the parties can resolve. This means that the case can be settled just before the case goes to trial.
Arbitration or Trial
Arbitration is considered a type of alternative dispute resolution taken outside of court. It’s not formal as a trial. Instead of presenting a case to judge, the parties dispute in the form of an arbitrator-who is a non-partisan third-party. Depending on the type of a claim you have, arbitration may be required. Arbitration clauses can be found in some agreements, like a nursing home or cell phone contact.
If you don’t go thru arbitration, mediation may be completed before the trial. Both parties will avoid going to trial in the attempt of mediation. During the process, your attorney will work on your behalf for a fair settlement. If the process of mediation doesn’t result in an agreement, then, the next phase is trial. During this process, a jury or a judge will evaluate the facts, and determine fault, and award if they rule in favor of the personal injury victim. Trials can be expensive and time-consuming, which is why many cases are settled before the trial.