Common Steps In a Personal Injury Lawsuit

Category: Others/ Misc

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Futerman Partners LLP has over 30 years of experience in handling litigation cases from car accidents to slip and fall lawsuits, we can help you get justice you deserve.


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Common Steps In a Personal Injury Lawsuit:

Common Steps In a Personal Injury Lawsuit

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Although no one likes to think of themselves or a loved one getting seriously injured, sometimes reality paints a different picture. Assaults, malpractice, auto accidents and basic negligence can lead to serious and even life threatening injuries for people from all walks of life. In certain cases, these kinds of injuries may lead to the possibility of a personal injury lawsuit. Most personal injury lawyers handle cases that deal with negligence resulting in chronic pain issues, long term disabilities, traumatic brain injury, spinal cord injuries, wrongful death or lost wages. Typically, a personal injury lawsuit will go through several common steps.

Initial Meeting:

Initial Meeting After deciding that you wish to pursue a lawsuit to recover damages for your injury, the first step is your initial meeting with the lawyer. Sometimes the meeting will take place in the lawyer’s office and sometimes in the hospital or other health facility. During the first meeting, the lawyer will listen to your story and determine if the case sounds promising. Many personal injury lawyers don’t accept payment until you receive a settlement, so they don’t often take on cases that don’t have a good deal of merit.


Evaluation After the collection of data during the initial meeting, the lawyer will investigate further if necessary and evaluate all of the evidence. Every little detail must be included to help determine whether the lawyer wants to proceed. Legal research into cases similar to yours, medical records and any other type of records or evidence that may prove you were the victim of someone else’s negligence must be poured over by the legal team. If it is determined that someone else’s actions caused your injury and you have a valid case, you will move on to the next step.

Letters and Statements:

Letters and Statements After the lawyer becomes your lawyer and agrees to proceed with the case, he or she may send a ‘Demand Letter’ to the person or persons you want to sue. Sometimes, the other party will begin negotiations to try and settle the case after receiving the letter. The majority of the time, the letter alone doesn’t settle the matter and your lawyer must issue a ‘Statement of Claim’. This document details what you want from the defendant and why you want it. The document is sent to the court first and then to all of the defendants mentioned in it. After receiving the letter, the defendant has about twenty days to respond to it. This document is known as a ‘Statement of Defence ’ and it outlines the defence they will use against your claim.

Document Exchange:

Document Exchange After the letter and statements are exchanged, documents must be exchanged in a process known as an ‘Affidavit of Documents’. In this process, you must disclose most of the documents that pertain to the lawsuit to the defendants. This usually includes most medical or therapeutic records.

Examination for Discovery:

Examination for Discovery The Examination for Discovery is an official court proceeding where you will be questioned by the defendant’s lawyer. The questioning takes place in the office of the Official Examiner and your lawyer will usually help you prepare. This step is where you’re able to show that you’ve been hurt and detail the defendant’s role in making that happen. Many lawsuits are settled after the Examination for Discovery, but sometimes it leads to even more investigation.


Assessments Either before or after the Examination for Discovery, you will be sent to experts for an assessment. These experts will document your mental and physical condition and may also testify in court. The defendant’s lawyer may also ask that you receive an assessment from experts of their choosing.

Court Trial:

Court Trial Most personal injury cases are settled before actually getting to court, but sometimes a court trial is the final outcome of all the back and forth between sides. In a court trial, you will be the first witness and will be questioned thoroughly by the defendant’s lawyers while you’re on the stand. Experts and other witnesses will take the stand and in the end the judge or jury will decide if you’re entitled to receive monetary compensation for your injuries.


Mediation At any point during the whole process, both sides can agree to allow a mediator to try and settle the matter. Typically, a settlement will be the result if mediation is used. With a mediator, each side outlines their case in writing, including what kind of compensation they feel is deserved and reasonable. If mediation doesn’t prove successful the first time, it is possible to try it a second time before the actual trial begins.

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