After the occurrence of an accident, you may be at crossroads if to file for a personal injury lawsuit or not. If you decide to file for a lawsuit, there are various steps you need to follow to make the case a success. The following article describes a step by step process of filing for a lawsuit.
Hire a personal injury attorney
A personal injury attorney helps you to secure compensation after losses suffered in an accident. Anthony Gorospe is an auto accident personal injury attorney in Tulsa, Oklahoma with the Gorospe Law Group and will assist you in the filing of a lawsuit. The major losses include the inability to work, lost wages, suffering and pain and medical expenses.
A professional attorney understands the law and your rights. They also have good negotiation skills and will ensure you get the best and the right compensation. A lawyer will also help you gather enough evidence to present to a court of a law.
A good attorney will consult you on the best steps to take in regards to the lawsuit and getting your claim from the insurance company. Since the after events of an accident is stressful, you will need a professional to offer expert advice on the best steps to take.
Understand the claim
After an accident, there is a need to establish the nature of the accident and the extent of injuries. Compensation claims differ depending on the losses suffered, and the attorney will help you get the right claim.
In other instances, the personal injury may decide to forego the lawsuit and settle for a resolution. The lawyer will discuss with you the nature of damages suffered and discuss a possible compensation rate. After an agreement, the attorney will write a demand letter to the driver at fault or their insurance company.
In the letter, the lawyer will clearly state why the driver should be held accountable. Also, there is a need to express the amount of compensation depending on the medical costs incurred, lost wages, pain and suffering and other legal expenses.
Filing for the lawsuit
If the demand letter was unsuccessful filing for a lawsuit is inevitable at this stage. The attorney will help you in gathering up all the required data and evidence to present to the court of law. They will also schedule a date for the case to be heard and send letters to the driver at fault demanding they appear in court.
If the court does not settle the case, the next step will be a trial. A jury will investigate all the data presented to them and witnesses to determine who is at fault. The jury will decide on the compensation amount that the victim should receive.
If you are not satisfied with the ruling of the jury or you will feel they didn’t rule in good faith, you can appeal the case. The personal injury attorney will help to win the appeal and get your compensation.
Lastly, getting compensation from the at-fault party or the insurance company is procedural. The process requires a good understanding of the law, and an experienced personal injury lawyer will increase your chances of winning the case.