Laws vary from state to state but almost every state has a statute of limitations for filing a lawsuit against another person. The statute of limitation varies depending on the type of lawsuit that is being filed. For instance, a statute of limitation for a car accident might be longer than a statute of limitation for a personal injury lawsuit. There are a handful of steps to a personal injury case and all of them involve the use of an attorney for assistance.
1. Call an Attorney – This is the obvious first step of how a case works. If you don’t already have an attorney, you should consult with a variety of them before deciding which one to hire to take on your personal injury case. An attorney will be able to guide you through an emotional and difficult process such as a personal injury case.
2. Initial Meeting with Attorney – The initial meeting with the attorney will include the client explaining his or her side of the case to the attorney. The attorney will also explain to the client what his or her plan of action will be regarding the case and how the evidence will be collected against the defendant in the lawsuit. The lawyer will also outline what is to be expected in the coming months as the case moves along as well as answering any and all questions the client has pertaining to the case.
3. The Progression of the Case – As the case progresses, the client will have to partake in quite a few different meetings and litigation processes as well. One of the first meetings is the pre-trial hearing. The pre-trial hearing involves a meeting in the court with the judge where evidence will be presented to the court to be determined whether or not the evidence can actually be used during the case. The judge will also determine whether or not any witnesses can be used during the case. Once the pre-trial meeting is over the judge will schedule the trial for a later date.
After the pre-trial meeting the two sides will attempt to settle their differences out of court, before the scheduled court date, with the use of arbitration or mediation. Arbitration is when an arbiter hears both sides of the story and then makes a decision on who the winner is. Mediation is when a mediator guides the two sides to a decision that is made by the plaintiff and the defendant in the case.
4. Medical Care – As the case continues to develop, continue to get proper medical care if needed. If medical care is no longer needed, discontinue medical care but be sure to monitor your pain and progression in the rehabilitation and healing process.
