Most of us will go through life never having to hire an attorney for anything more than the drafting of their will. The thought of having to hire an attorney and file a lawsuit after suffering a personal injury can be daunting and fraught with stress. The thought of fighting in court to be made whole after an accident might be enough to stop a few of us from ever reaching out for help in the first place – but it shouldn’t. A brief explanation of the lawsuit process can help ease misconceptions and fears, and is less stressful than many believe.
The Reason Behind the Lawsuit
Usually, a personal injury lawsuit will commence soon after someone suffers an injury, or learn that’s that they have been injured. An important factor in filing a personal injury lawsuit is when the injured party discovered they have been harmed; in certain cases, this might be years after the harm was initially suffered (for example, in the case of some prescription drugs).
Following an accident or being injured, parties will often have medical and other expenses to pay for. Depending on the injury and harm done, an injured party might find that they can no longer work, and will have to face lost wages. Additionally, an injured party can face other monetary losses, and a diminution in their enjoyment of life. Recovery of these costs is the point of a lawsuit, are termed “damages.”
Hiring an Attorney
Once a party determines they have been injured, and that there are damages for which they should be compensated, the next step is to talk to, and possibly hire, a personal injury attorney. The lawyer will a range of questions about the case, including the circumstances giving rise to the injury, the extent of the injuries, and any evidence in support of the injured party’s claims. At that point, the attorney can determine the best course of action for each unique case.
The Discovery Process and the Lawsuit
In the vast majority of cases, an attorney will not file a lawsuit right away. Rather, the attorney will send something called a demand letter to the injuring party. The demand letter states what the injured party wants in compensation for their losses; as well as the reason that the other party should pay. The demand letter will also set forth the legal basis for the case.
If there is not an agreement or resolution after the other party receives the demand letter, then the lawsuit process might begin. The injured party’s attorney will go to the local court and file a complaint. From there, a series of steps will occur, including gathering information, and negotiating with the other side to see if a settlement can be reached. A lawsuit will go to trial only if both sides cannot come to an agreement regarding the outcome of the case.
If you or a loved one have been injured, please contact the Law Offices of Stuart L. Plotnick at 301.251.1286, for a free consultation today.