Personal injury law is an enormous field and encompasses many different types of accidents. The purpose of contacting an attorney after a substantial accident is to ensure that you obtain the appropriate compensation for the injuries you might have sustained. Legal proceedings are very common in the personal injury field and lawyers will not typically take on your case if they do not think you have a chance of winning. It may take a while before legal proceedings begin as all technicalities and the appropriate steps must be addressed. The most important thing is to work with an attorney that keeps you up to date on the status of the case and for you to supply the attorney with the necessary information to proceed.
Personal Injury Legal Proceedings
There are two types of common proceedings. One is known as an informal settlement, which is the most common way that personal injury cases are settled. If through negotiations, both parties are unable to reach a settlement, then the case may be filed as a formal lawsuit which tries the case in front of a judge and jury.
- Settlements – In the proceedings that follow for a settlement, both of the parties – the plaintiff (injured) and the defendant (responsible party) and their respective attorneys and insurance companies meet. Negotiations usually take a bit of time, with both parties offering different settlement terms. Once a settlement is reached, however, both parties will sign a written agreement. The written agreement will outline the terms of the settlement and agree to forego any other type of legal action such as a formal lawsuit.
- Lawsuits – in the event that the personal injury case cannot be solved through negotiation and a subsequent settlement, the personal injury lawyer will advise whether it is worth it to bring the case before a court. In this event, the parties will no longer negotiate, although it is not uncommon to settle the case midway through the proceedings if the evidence is sufficient enough. In a lawsuit, the evidence is presented in front of a judge, jury or both – depending on the type of lawsuit that is filed – and each party has the opportunity to present their case. The judge or jury will determine the amount of the settlement if the plaintiff is successful in presenting their evidence and proving that the defendant was, in fact, responsible for the injuries sustained.
Evidence is a crucial part of any personal injury case because your personal injury lawyer has to have all of the details about the case. How did they injury happen, are there lasting results? These are important questions that will define the amount of the settlement. In cases where fatalities occur or where there is an ongoing need for medical care, settlements tend to be higher than those where the injuries were minor. Speaking with a personal injury lawyer will give you an indication as to where you stand with your case. Knowing what to expect is part of the surrounding of any legal proceeding, especially in cases where you have been injured.
Contact our San Diego personal injury attorneys today by calling (619) 325-7555 or visiting us online at www.sandiegoaccidentlawcenter.com.
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