Regardless of how careful you may be in your personal or professional life, at some point, you may deal with personal injury. These types of cases are legal disputes that result from an accident or incompetence from someone at a job, while driving a car, or when operating other equipment that can harm someone. If you're ever the victim of such a case, it's important to understand how personal injury cases work and how personal injury attorneys can help you through it. Here's a brief overview of what to expect from the process.

File a Claim

The first step in getting the ball going on any personal injury case is by filing a formal claim. Whether the injury happened while you were on a job or off work, you must file a formal claim to receive compensation. A demand letter outlines what happened during the accident and any issues or damages that you suffered. Such a letter may also explicitly detail the amount of compensation that's being sought for the case. If the event happened while you were on a job, you may have to go ahead and file your workers' compensation claim before seeking your legal services, as you want to make sure that you document the incident as soon as possible.

Insurance Investigation

Whether you're dealing with workers' compensation insurance or someone else's insurance, the insurance company will take the necessary steps to investigate the claim. Even if it's obvious that you were wronged and deserve compensation, there's no guarantee that the insurance company will make it easy for you to get your money. That's why it's invaluable to hire the services of personal injury attorneys who can ensure your rights aren't violated by an insurance company or the other party. If the insurance claim is accepted at this time, then the case can be settled and people can move on. According to a survey by Nolo, roughly 67% of personal injury cases end in a settlement. However, if the claim is rejected, or if the lawyer deems the counteroffer too low, then it may be time to go to a court trial.

File a Lawsuit

A formal legal process may involve filing a lawsuit. During this time, the defendant will be served with papers that they're being sued, whether it's the job or an individual at fault. However, while a lawsuit has been filed, it doesn't always have to go to trial if a settlement can be reached. When you hire a person's personal injury attorneys, they can work with the defendant's lawyer to reach a settlement during a mediation process. This settlement can be reached at any point before or even during the trial. Reaching a settlement is often best for both parties as it can resolve the issue quickly without relying on the verdict of a judge.

Dismissal

In some cases, a dismissal may happen. This is the result of the lawsuit ending without resolution due to a dismissal order from the court. A dismissed case can happen if the plaintiff decides to drop the case for whatever reason. Sometimes the court itself may drop the case due to a failure to comply with the right procedural rules, as well as a lack of evidence. In other words, if it turns out the injury was a pre-existing injury and you can't prove that it was related to an accident on a job, then your case may end up dismissed.

Court Trial

If the case has to go to a court trial, then your personal injury attorneys, as well as the defendant's attorneys will present any and all formal evidence and arguments before a judge and sometimes a jury. It's the judge and jury who decide the outcome of the case and whether you get the compensation you're going for or not. In the case of a bench trial, only the judge is there. Once the verdict is reached, it's a final verdict. However, in some cases, you may be able to appeal, but it depends on the evidence and the situation itself.

Unfortunately, a personal injury can happen at any time in your life. You may suffer an injury on the job, while operating a vehicle, walking on the street, or being a patron in a store. If ever find yourself in need of expert personal injury attorneys, contact our team at Browning Law for assistance.