The Process of Filing a Personal Injury Claim
Stages on the Road to Seeking Compensation
If you have been injured due to another individual’s negligent or reckless actions, you may be considering pursuing a personal injury lawsuit, but are overwhelmed or intimidated by the process that lies ahead. At Bill Easterly & Associates, in Nashville, Tennessee, our personal injury lawyers want you help you understand the steps involved in a claim so that you can feel comfortable and confident moving forward.
Our team of dedicated legal professionals has more than 25 years of experience in personal injury, so you can trust our knowledge and familiarity with the process and our efficiency in executing it. We handle our cases professionally and aggressively, and are dedicated to providing personable service every step of the way. We are proud to advocate for victims of negligence and are prepared to help fight for you.
First Steps in a Personal Injury Lawsuit
When seeking a personal injury claim, the very first step is to discuss your case with an attorney. In your initial consultation at our firm, we will ask you questions concerning your case, including the medical status of your injury. This meeting will allow us to get a general idea of what it will take to win your case so that we can begin to gather evidence.
The next step is to complete and file any and all necessary paperwork with the right court. The primary document is the complaint, which outlines your case against negligent parties. This document is important to draft correctly and in detail, as it sets the tone for your entire case. We can help ensure that this document is completed in the most effective way possible.
Information included in a complaint include:
- Identification of defendants
- Establishment of court’s jurisdiction
- Statement of your legal claims
- Description of case’s facts
- Establishment of your request for compensation
Additionally, you must complete a summons to notify the defendant of your action and request a response. Once this has been served, the defendant can answer, which may include a counterclaim, cross claims, or third-party complaint. These are various forms responses that add dimension and complication to your case, but that we can handle with the efficiency and competency you need.
Preparing for Your Trial
The next stage of your personal injury claim are the most crucial. Preparation is the key to your case’s success, which is why it is essential to have an injury lawyer who is dedicated, detailed, and focused in preparing for trial. Once all the documents have been filed and responded to, there will be a preliminary discovery period. This can be the longest portion of the process, as this is the time we will take to thoroughly investigate the case to compile all available information, including medical records and depositions.
Additionally, the period of time before the trial occurs may also see motions filed for dismissal, relocation, judgment, or any other factors that violate the rights of either party. These can affect how, where, and when the case is tried. In some cases, we may also be able to reach a settlement with a defendant before the case even needs to go to trial. Of course, we will only agree to a settlement if it is fair and covers the range of your damages and the scope of your recovery.
Fighting for Your Compensation
If everything has been established, discovered, and prepared, and nothing has been settled, we will then take your case to trial. At trial, we will present all of the evidence and information that we have compiled, provide any witnesses, and cross-examine those of the defendant. We can ensure that we are presenting your case in the best possible manner and providing effective responses to any of the defendant’s arguments.
When it’s all said and done, the jury will deliberate and reach a verdict to determine whether or not the defendant is liable. If liability is established with the defendant, you will likely be awarded monetary damages through a court order. The next step is collecting those damages, which can be difficult if he or she is stubborn, but can be done through wage garnishing or post-judgment discoveries. In some cases, a defendant may attempt to appeal a decision, which may require additional response and litigation.
Enlist the Help of an Experienced Attorney
The personal injury lawsuit process may be long and overwhelming, but with a personal injury lawyer from Bill Easterly & Associates, in your corner, you can get through it with ease and confidence. You can trust that we will provide the legal counsel you need to give you your best chance at reaching a fair settlement. Additionally, we work only on contingency fees, which means you don’t pay us for anything unless we recover on your behalf. Don’t be intimidated by the process of pursuing justice; we’re here to help you take action!
Contact our Nashville firm today to take the first step with a complimentary case evaluation!