A lawsuit is something most people have never had to deal with. Because of this, many accident victims and their families are hesitant to file a legal compensation claim. An actual trial is possible, but most lawsuits do not go to trial. Whether your case settles or goes to trial, you shouldn’t have to face any extra strain.
Filing a personal injury lawsuit can be a lengthy, involved process if you’re inexperienced in the courtroom. Your case may benefit from hiring a lawyer who can help you secure a desirable agreement or win the case in court. The lawyers at Baratta Law, LLC can help you take the proper steps for your personal injury case.
When Should a Lawsuit be Filed?
One must know when and why lawsuits are necessary. Generally, there are two reasons why one should file a lawsuit. Either the Statute of Limitation will lapse, or the insurance companies will refuse to compromise on the amount to be recovered.
The statute of limitation allows only two years from the accident to serve the defendants with a copy of the lawsuit. There are a few exceptions — the most common of which is that, even when a seriously injured person seeks immediate medical attention after an accident, it can take several months or even years for medical tests, diagnoses, and treatments to be completed.
When the statute of limitations is about to lapse, and an injured person hasn’t fully recovered from their injuries, it would be in their best interest to file a lawsuit now to protect their claim and ensure they don’t lose any of their rights to compensation.
The insurance company’s refusal to make a fair settlement offer is another common reason for a case to end up in litigation. They may accuse a victim of lack of medical treatment, dispute an overcharge, or come up with any other excuse to get out of paying. Subsequently, the client must decide whether to accept a low settlement or pursue a lawsuit. Insurance companies are aware of this and are often willing to do anything to avoid paying out a claim.
Steps Involved in a Personal Injury Case
Each personal injury case is unique, and there is no single best way to handle a personal injury claim. The following summarizes the various steps involved in a personal injury case.
- Attorney Consultation – After an accident, it is critical to seek advice from an experienced lawyer about your case’s particular situations, including whether another party’s negligence was involved and whether you have a legal claim.
- Case Investigation – Whenever you retain legal representation, your lawyer will conduct a thorough and independent inquiry of your personal injury claim, including reviewing police incident reports, photographs, witness statements, medical information and bills, your employment record and earning capacity, and other relevant information.
- Demand Package – Request for settlement includes a demand letter detailing your case and damages (injuries, medical bills/lost income, pain/suffering/loss of life’s satisfaction, and long term medical attention)
- Personal Injury Lawsuit – When your case doesn’t come into a settlement with insurance companies, your lawyer proceeds to file a lawsuit.
- Discovery – Each side has access to additional evidence from another, allowing them the chance to understand the scope of one another’s case better.
- Mediation – An informal proceeding where the parties seek to resolve the issue through discussion and compromise.
- Court Trial – The court will examine the evidence and facts to determine who is at fault and, once ascertained, ascribe damages to the responsible party.
Seek Advice From a Trustworthy Lawyer
Decisions about whether or not to pursue legal action are serious ones that require careful consideration for the client’s well-being. Give us a call about your case at 215-914-8132 or fill out the form and we’ll be in contact with you.
Here at Baratta Law, LLC, we are committed to competently assisting our clients from the moment they are injured to when a jury returns a judgment, which is the kind of service you deserve for the personal injury and other consequences you bear due to another’s carelessness. We want to meet with you and discuss your legal options.