Pursuing Your First Personal Injury Case

Posted on: 21 October 2019

An accident can leave you needing to retain personal injury attorney services to help you navigate the process of contesting the incident and pursuing damages. Luckily, this is a routine aspect of the legal system, and victims should not feel stressed or worried about pursuing their damages.

Why Should You Attempt Negotiating With The Defense Before Filing The Lawsuit?

Following an accident, the first step in settling the case will often be to attempt to negotiate a settlement. Victims will often be slightly confused by this, as they may assume that the defense will have little reason to agree to the terms. In reality, there are powerful incentives that can pressure the two sides to at least attempt a negotiated settlement. For example, this will usually be the easiest option for the attorneys involved while also representing the quickest and most cost-effective solution for the clients. Additionally, many jurisdictions will actually require parties in lawsuits to attempt to settle the disputes through mediated negotiations. This is to reduce the number of cases that the court will have to hold trials to address.

What Should You Expect From The Discovery Part Of The Lawsuit?

In order for the case to proceed, it will have to go through discovery. This is essentially the part of the process where the two sides will attempt to discover the facts of the incident. As a result, both sides will typically need to provide answers to questions, records, and other evidence for the case. Individuals will often find this part of the process among the most stressful, as they will be directly involved and questioned, but your attorney will be able to be present so that you can be sure that you are protected against misleading questions or other abusive tactics.

Is It Necessary To Hire An Attorney At The Start Of The Negotiations?

Some victims may assume that they will only need to hire an attorney to represent them once negotiations with the defense have broken down. However, this would require the victim to personally oversee these negotiations, and this is rarely advisable. In addition to the fact that you will be up against a skilled negotiator for the defense or insurance, you are also unlikely to understand the full scope of the value of your case. Hiring an attorney at the start of negotiations can eliminate this disadvantage as your attorney will be able to represent you throughout these discussions.


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