What to Expect When Pursuing an Injury Claim
April 6, 2015
If you’ve been injured by the negligence of another individual, you
deserve to take action – but what does that action look like? Knowing
what lies between you and the compensation that you need to recover is
essential to ensuring that you can get through it quickly and stress-free.
Most importantly, hiring the right lawyer can make all the difference.
The Atlanta injury lawyers at Henningsen Injury Attorneys, P.C. know what
it takes to pursue claims with efficiency and effectiveness.
The Claims Process
The Consultation – The first step in any personal injury case is meeting with your
attorney for an initial evaluation of your case. Your lawyer will provide
you with the guidance that you need to move forward. During a consultation,
topics will be discussed regarding your medical care and insurance coverage,
as well as whether or not you have spoken to anyone about the incident.
The purpose of this meeting will be to discuss your legal options and
begin to plan out the next steps toward a resolution. At Henningsen Injury
Attorneys, P.C., this consultation is
Filing the Papers – Generally, paperwork is neither fun, nor simple. With the right
lawyer, you can eliminate most of the pain of filing papers, as he or
she can walk you through the process. In personal injury claims, the most
important document is the initial complaint, or petition, that is intended
to outline your claim and provide relevant facts. You must also file a
summons to be served to the defendant to notify him or her of the suit.
There are a number of additional documents that can be filed thereafter
to modify, challenge, or counter the initial claim.
The Discovery Period – Before the case can proceed, both parties are allotted time to
investigate the claim, through what is known as discovery. This is the
period of time in which all facts are disclosed. Your lawyer can submit
interrogatories to request answers to pertinent questions that you have
for the defendant. Additionally, you can request that the defendant provide
important documents, and third parties can be questioned. It is important
to note that you are also legally obligated to respond to any interrogatories
and document requests from the defendant. This is often the most frustrating
period of time for clients as it can be lengthy, invasive, and costly.
Pretrial Resolutions –
Not all cases go to trial. In some circumstances, your attorney may be able to resolve the case
before a trial becomes necessary. For example, there are a series of motions
that may be filed if the defendant is not compliant, or if he or she is
unable to provide evidence that disputes key facts. Furthermore, some
cases can be negotiated toward a settlement. This typically results when
the defendant and their team know that your case is strong and accepts
that they will ultimately have to compensate you. It is important in these
cases to be aware of potential low-ball settlement offers.
The Trial – Should your case go to trial, it will likely not resemble an episode
of your favorite legal TV show, but it will contain the essential factors.
Both counselors will present opening statements, all witnesses will testify
and be cross-examined, closing arguments will be made, the jury will deliberate,
and the judge will present a verdict. The quality of your attorney and
the strength of your case will be directly tested during this process,
so it is important to have a team of experienced, competent, and effective
legal professionals in your corner.
Now that your case has been decided, either through a motion, a settlement,
or a verdict, the recovery period can begin. Collecting the money that
you are owed is not always easy and may require additional steps. Furthermore,
the defendant may choose to appeal the decision which can further drag
out the process. However, the right lawyer can help ensure that the final
decision is in your favor and can help you file motions for discovery
to uncover the defendant’s income and assets to ensure that you
receive what you are owed.
At Henningsen Injury Attorneys, P.C. we are dedicated to helping clients
recover from injuries caused by the negligence of others. We want to help
you stay informed throughout the case to mitigate your stress and expedite
the process. For more information about how we can help you, visit our
personal injury information center.
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