The Typical Process Before A Personal Injury Case Is Resolved
When you are injured because of someone else's negligence
, you can claim for monetary compensation. However, to receive your legal rights in such a situation may entail an indefinite process. You could never be sure how long it will take you to wait for the resolution. However, soon as a personal injury is inflicted by another, you have to immediately contact a personal injury lawyer. There is a prescribed time frame for the filing of the case and such a period is limited.Why would you need a lawyer? First, your appointed attorney will know the legalities and would be able to determine whether there are legal grounds for your claim. He is in a better position to determine the amount of monetary claim or the fair amount under the situation. Most importantly, he can inform you of the deadline for filing the case. Should you fail to file on the dead line, you lose all your chances to collect the monetary benefits.
You happen to be the victim. The first act of your lawyer is to contact your offender to initiate a negotiation process, before resorting to the filing of a lawsuit. At this stage both parties, offender and victim will present their side of the case and merits of legal lawsuit will be determined. It is at this point that the offending party, along with his or lawyer may offer settlement. Your lawyer, who is very knowledgeable on the law, will determine if the offer is reasonable and fair. If not and the settlement is not accepted, the next step is either continue with negotiations until a settlement is agreed upon or you go to court.
Even if you have already resorted to filing the case in court, negotiation for settlement may still continue. In the event that the case is pursued, your lawyer will start collating evidences. These will be the basis for the judge's or jury's award of monetary compensation.
When the case is filed in court, the length of time for the verdict be handed down is still undetermined. It depends on a number of things - evidences and witnesses to be presented by both sides. The legal proceedings may take months or if you are lucky, weeks.
Should you win the case and would deserve the needed monetary compensation, the payment date and mode is still to be determined. For instance, will you be awarded a lump sum amount or a periodic payment which can be monthly or annually. The usual commencement of the payment of claims will definitely be after the lawsuit is ended. Your attorney however can have an idea as to the length of waiting time.
Being a victim of negligence of other person resulting to injury, you are entitled to monetary compensation. But before you receive the amount, you can either resort first to amicable settlement or court battle. Whichever option, you will need a lawyer to assist you all the way!
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