From Injury to Award: The Process of a Personal Injury Lawsuit

6 February 2019
 Categories: Law, Blog


When you are hurt in an accident, you may have the right to file a personal injury lawsuit. You will need to learn who is at fault for the accident. If your percentage of fault is less than 50%, you have a viable case to file. A personal injury lawyer will provide you with an initial consultation to discuss the specifics of your case and will determine if your case is worth filing in court. The severity of your injuries, your medical progress, and time lost from work will all be looked at when deciding if your case is worth taking to court. 

Establishing Fault for the Accident

Whether you are hurt while working or you get into a car accident, establishing fault is essential to your case. If you are hurt at work because you weren't provided with the right gear, you can file a personal injury lawsuit. On the other hand, if you are hurt because you weren't following safety procedures or were acting recklessly, you may be at fault for causing your own injuries. Look over any accident reports and try to correct information that you believe is not true and allocates fault to you.

Figuring Out Your Losses

Once your personal injury attorney determines that you have a good case, you will need to discuss your losses. These are losses that are measurable, such as wage losses or property losses because of an accident. They are losses that are difficult to measure for things such as pain, suffering, and future loss of enjoyment. You and your attorney will discuss your losses and come up with a dollar amount that you want to sue for.

Negotiating Your Case

Sometimes, the party at fault will settle your case out of court. If they come up with an offer that is worth it to you, it is up to you to accept the settlement offer. If the offer is too low, you can take your case to trial to try and win your case. Your attorney will be able to guide you in the process and let you know whether your offer is reasonable or not. 

When you are hurt because of the fault of another person or entity, you have the right to sue for compensation. Your case will only be as strong as the proof you can provide, so it's vital to seek medical treatment for all injuries. Keep up with your treatment providers and talk to your attorney every step of the way.