Do You Need a Baton Rouge Personal Injury Lawyer?
Getting back on your feet after a serious injury can be stressful. Juggling doctor’s appointments. Struggling to arrange transportation. Missing time from work. Dealing with pain that seems like it will never go away. You don’t need another headache. But you do need money to pay for everything.
At Tomeny | Best Injury Lawyers, we are committed to helping Louisiana accident victims and their families fight through the complex legal process. Our personal injury lawyers work with you one-on-one to understand your needs and identify all the ways we can help. Our personal injury attorneys handle every detail of your personal injury claim from start to finish. Ultimately, when you put your trust in us, you can put your focus where it needs to be – on your health and your family.
What is the Process in a Personal Injury Lawsuit?
If you have a claim for compensation after suffering a personal injury, it is important to understand the personal injury claim process. Many people may not realize that most personal injury claims never go to trial or even see the inside of a courtroom.
- Instead, the first step in the process of a personal injury lawsuit is to make a claim with the at-fault party or parties or their insurers to try and reach a settlement that pays you fair and full compensation.If the other party accepts fault for your injuries and your damages can be determined with certainty, it may be possible to reach a prompt settlement. However, if the at-fault party disputes liability or if there is some dispute over your damages, such as ongoing medical treatment or long-term care requirements, it may take longer to reach a settlement.
- When it is not possible to reach an acceptable settlement, it may be necessary to file a lawsuit in court. This process officially begins when the injured party (the plaintiff), through their lawyer, files a complaint. The complaint and a summons must be served on the party (or parties) responsible for your injuries (the defendant), as well as submitted to the court.
- The defendant or defendants then have an opportunity to respond to your complaint, either by seeking to dismiss the case on technical grounds or by filing an answer disputing the substance of your claims. If the defendant doesn’t respond to your complaint by the deadline, you may be able to obtain a default judgment.
- Once your personal injury claim and the defendant’s answer have been filed in the courthouse, the personal injury attorney engages in a process known as discovery. During discovery, the parties exchange information and documents and take deposition testimony from relevant witnesses. This gives all parties a fuller picture of the evidence that is likely to be presented at trial. During or after discovery, either side may petition the court for a judgment on the premise the evidence is so one-sided that the case can be resolved without continuing the process any further.
- If the case is not resolved by a motion for judgment or by a settlement between the parties, the case will move to trial. After each side has the opportunity to present evidence and engage in cross-examination, the judge or jury or judge renders a judgment or verdict. If it goes in your favor, you will be able to legally enforce that judgment against the defendant should they, for some reason, fail to pay what the court orders.