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What is Involved in a Personal Injury Lawsuit

What is involved in a personal injury lawsuit? If you are asking this question, it is probably because you were injured in an accident that was caused by the negligence of another party, and you are thinking about pursuing a personal injury lawsuit and want to know what is involved.

Most people have never filed or been involved in a personal injury lawsuit. As a result, you may be hesitant and uneasy about pursuing a lawsuit. You may wonder what is involved and whether it is worth it.

Minor


If your injury is minor and involves little or no expense, it is probably not worth it to file a personal injury lawsuit, although keep in mind that a minor injury may turn out to be major, later on. On the other hand, if your injury is serious and costly, or your injury has resulted in any type of permanent disability; it may be well worth it to pursue a personal injury lawsuit.

You want to know what is involved in a personal injury lawsuit. What steps, what stages, what process does it involve?

The first thing that is involved is sitting down and talking with a personal injury attorney to have your case evaluated. Most personal injury attorneys will do this at no cost or obligation to you.

Unadvisable


It is possible to file a personal injury lawsuit, yourself. However, this is highly unadvisable. The principle reason being that the party you are naming in the lawsuit will probably be represented by an attorney who is both experienced and knowledgeable in personal injury cases, whereas you have no experience or knowledge in this highly complex and complicated area of law.

The next thing that is involved is when your attorney files the initial court papers and the process of fact-finding and discovery takes place. This is the process where you and the other party obtain information from each other for the purpose of establishing facts in the case.

The next that is usually involved is that a settlement may be reached without going to trial in court. In fact, this is how the majority of personal injury lawsuits are resolved. A settlement is reached, and there is no reason or need for a court case.

Settlement


If a settlement cannot be agreed upon and you have to go to court, no matter how strong you believe your case is, there is no guarantee that you will win. Even if you win, collecting a judgment from the court may take a great deal of work.

If you lose in court, the next thing that is involved is appealing a judgment or decision. It should be pointed out here that most personal injury attorneys work on a contingency fee basis. What this means is that if they do not win your case, you do not owe them anything. If they do win your case, they receive a percentage of what the court awards you. This percentage varies from state to state and can be negotiated in most instances.

Again, the right thing to do is to have your case evaluated by a personal injury attorney at no cost or obligation to you.

Article written by James Shugart

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