How Auto Accident Personal Injury Cases Are Handled Before Going To Trial


It's important that you strictly follow your state's traffic rules to keep you and everyone else safe on the road. Unfortunately, not everyone drives well, and although you don't want to put your safety in the hands of other drivers, you may have no option but to use the public road network.

Unsurprisingly, auto accidents make up the bulk of personal injury cases in the U.S., and anyone that uses vehicle transportation in the country can easily find themselves on the receiving end of an erratic driver's actions.

If you're hurt in a car accident that wasn't your fault, you can seek financial compensation from the at-fault party. Bringing in an attorney that focuses on auto accident personal injury law will increase your chances of getting a fair settlement for your injuries and damages.

Although the actual process of settling a personal injury case may vary from state to state, there are some common litigation landmarks to expect in typical cases. Here's what to anticipate when you ask a personal injury attorney to help you settle your auto accident case. 

Establishing That A Legitimate Case Exists

Before accepting to take on your personal injury case, your attorney must ascertain that you have suffered an injury as a result of getting involved in a motor vehicle accident and that someone else caused the accident.

They'll want to review all of your medical records and bills, as well as other credible supporting documentation that provides important details about the accident, your injuries, and any medical diagnoses and treatments you've received after the accident. This way, they can establish if you have a legitimate claim to compensation.

Signing A Contractual Agreement

If you have a legitimate personal injury case and you're comfortable with your attorney's legal fees, you'll be required to sign a contract that allows the attorney to start handling the case on your behalf.

Personal injury attorneys typically get paid a percentage of the compensation their clients receive after successful case outcomes. Therefore, you don't have to worry about paying your attorney until your case has been finalized.

Filing A Complaint And Serving It To The Defendant

Once the contractual agreement between you and your attorney has been signed, your attorney will file a formal personal injury complaint in the proper court and then serve the complaint to the defendant. This makes the plaintiff aware of the allegations against them and stipulates how much time they have to respond to it.

At this stage, the defendant can choose to deny the allegations and go to court or agree to settle the case through negotiations with your attorney.

Most auto accident personal injury cases can be settled without going to trial but if yours escalates to that stage, having an attorney by your side will help to make the entire process smooth and stress-free for you. Contact a firm like Siben & Siben LLP for more information. 


18 June 2021

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