One of the biggest questions people have when it comes to Personal Injury Cases is “How does the Process Work?”
You may have some questions if you have been injured in an accident about what happens next. Often people ask themselves, “is my case worth anything?” “Could it go to trial?” “I’m not familiar with the legal process so who should I get help from with my claim?”
We want to let you know that you are not alone with your questions and we are happy to help you understand what is going on throughout the process and of course answer any questions you have. We have attorney’s with the skills needed to effectively handle your case in a professional, timely, and efficient manner.
Obviously, no two personal injury cases are the same. But that being said, the following is a general breakdown of the steps in accident injury cases so you have an idea as to what you can expect.
Personal Injury Cases: The Basic Process
Meeting with your attorney. The first step in your personal injury claim process is a consultation with an attorney who has the necessary skills and experience to handle your type of case. At McMahon, Kublick & Smith, PC, we offer a free initial consultation in which we will review the facts and evidence of your particular case and make a determination about whether you stand a good chance of receiving compensation.
Filing Court Papers. Your personal injury attorney will start your case by filing the correct legal papers known as “pleadings.” Pleadings will include a petition or complaint, a summons and a service of process, an answer from the defendant and more. These documents will be the basis of your lawsuit.
The discovery process. This will consist with written discovery, discovery of documents, and document production. This is a standard process and is how opponents in a lawsuit gather information from each other to establish the facts of that particular case. These may include photographs of the accident scene, eyewitness testimonials, transcripts of recorded statements, police reports, and so forth.
Resolutions before trial. It is during this time that pretrial motions are filed, which seek to resolve the matter before it goes to trail. These pretrial motions may include motions to dismiss the case, a summary of the judgment of motion, a motion of the default judgment, or voluntary dismissal.
Settlement. Whenever possible a personal injury attorney will try to negotiate a settlement before your lawsuit ever reaches trail. With a settlement, the plaintiff agrees to forfeit any further legal action for an exchange of payment that is agreed upon by either the defendant or their insurance company. Your attorney will help you decide whether your best interest are served by a settlement or if you should take the matter to trial.
Trial and judgment. If your case should go to trial, it will be argued before a jury. The judge will then make the final decision on the matter.
Collecting compensation. When you “win” your case in court, you may be awarded monetary damages to be paid out by the defendant. The process to collect this money may require additional steps if the defendant refuses to pay or is unable to pay the full amount. Your attorney will advise you on the best way to handle that situation, should it arise.
If you or a loved one have been injured through no fault of your own, now is the time to contact Syracuse personal injury attorneys of McMahon, Kublick & Smith, PC. The sooner you call, the sooner we can begin working towards your justice that may impact you and your family.
