Connecticut Personal Injury Lawyers – What Goes Into A Personal Injury Case?
If you have been injured as a result of somebody else’s negligence or carelessness, you may be considering filing a personal injury lawsuit. Personal injury is a legal term that specifically refers to injury to body, mind or emotions rather than damage to property, and these lawsuits generally seek monetary compensation for actual expenses such as medical bills or lost wages as well as for emotional distress, pain and suffering. In some cases additional punitive damages are assessed to act as a deterrent to future negligence by both the plaintiff and others in similar positions. The process of filing a personal injury case is fairly straightforward, and generally involves some or all of the following steps:
- Meet with a personal injury attorney
- File initial court papers
- Fact finding and discovery
- Resolution before trial
- Settlement or Trial
- Collection of money after positive judgment
- Appeal of decision
When you meet with a personal injury attorney, they will ask about what happened to you and what the results have been. It is a good idea to bring along any documents that pertain to your case, including medical reports and accident reports. These meetings help the attorney to see whether your rights have been violated; it also helps you to determine whether the attorney’s style matches with your own.
Once you decide to move forward with a case and have chosen an attorney, they will file initial court papers that outline your case and let the defendant know that they are being sued. The plaintiff will then respond to your claim with an answer. The court proceedings begin from this point.
The next step, fact finding and discovery, involves investigating all aspects of the case and then disclosing the information that will be presented to the other side prior to trial. In many cases, the information that your attorney gathers will be enough to encourage the plaintiffs to settle the case rather than go through a lengthy and costly court process. In some cases there may be motions to dismiss for lack of evidence or other causes.
In most cases personal injury lawsuits never go to trial. Instead they are resolved after discover through a process called a settlement. A settlement is a negotiation between both parties in which the plaintiff agrees to give up the right to pursue litigation in exchange for a payment that is agreed to by both sides.
If your case does not settle, and instead goes to trial, both sides will present their arguments for a judge or jury to decide.
Following either a settlement or a judgment in favor of the plaintiff, the defendant is required to provide the agreed upon sum. In some cases, if either party feels that a mistake was made within the trial process, they can appeal the decision.
The personal injury attorneys at Jonathan Perkins Attorneys At Law are happy to sit down and discuss your case with you at any time that is convenient. We will listen to the specifics of your situation, explain what your options are, and make suggestions for the best resolution for you. Call us today to set up a free consultation.