5 Steps of a Personal Injury Claim Following a Vehicle Accident

by | Jan 31, 2017 | Auto Accident Attorney

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Vehicle accidents can easily lead to serious injuries even at low speeds. When a person is injured in a car accident that was not their fault, they are typically entitled to compensation from the at-fault driver, paid through their insurance company. When a person cannot obtain an adequate settlement from the insurance company on their own, they can opt to work with a lawyer on a Personal Injury Claim.

Consultation With the Lawyer

The person will want to work with a lawyer to ensure the entire process proceeds smoothly and to avoid any issues that could mean a person isn’t compensated for their injuries. During the consultation, they’ll discuss what happened and the lawyer will let them know if they should receive compensation, how much, and how they plan to help the person obtain it.

Filing the Lawsuit and Serving the Other Party

Once all of the details are determined, the lawyer will file the appropriate paperwork to the courts and have the papers served to the other party. This is an official way of ensuring the other party receives the paperwork and knows they’re being sued for compensation.

Response to the Lawsuit

Once the paperwork is served, the other party has an opportunity to respond to the lawsuit. This gives the petitioner (the person who files the lawsuit) the chance to learn more about why they’re being denied compensation, as this is often included in the response.

Mediation to Try to Solve the Issue

Most cases aren’t won’t go to trial. Instead, the lawyers for both sides will discuss their clients’ needs and try to come to a mutual decision on the amount of compensation for the victim. Most of the time this is successful but, when it’s not, the next step is discovery and trial.

Discovery and Trial

Discovery is the process of entering evidence in the court system and sharing it with the opposing side. The trial is held in front of a judge and jury. The outcome of the trial is usually final but can be appealed in a few instances.

These are the basic steps a person will take with a Personal Injury Claim. It’s a good idea to go through this process with a knowledgeable lawyer who can help a victim obtain an adequate compensation through mediation or trial. To learn more, visit Autoaccidentattorneyhonolulu.com today.