The Process for a Typical Injury Case

If you are injured due to someone else’s negligence, you might consider pursuing a personal injury case to recover financial compensation for damages. In that case, it can be helpful to understand the legal process for a typical injury case in California.

Get Professional Medical Care

Your health is first and foremost. If you are injured, it’s imperative you get the medical care you need. Go to the emergency room if you have serious injuries. Even if you think you are free from any injuries, visit your primary physician for an assessment of your condition. 

Many times serious injuries such as whiplash are not evident until several days or even weeks after the accident.

Getting professional medical care ensures your injuries are diagnosed and treated. Also, seeking immediate care could potentially serve as evidence your injuries are related to the accident.

Hire a Lawyer

It’s important to have legal representation in your corner to level the playing field against insurers and other parties in the accident which may file their own lawsuit. 

At The Law Office of Scott Righthand, we offer a free initial consultation where we answer all your questions and help you determine if you have a case and what the potential compensation might look like.

Upon reviewing your case, your attorney may advise filing a personal injury lawsuit to help obtain financial compensation for damages. If you agree, the attorney will file your complaint and name any parties that should be held liable for your injuries.

Before the Trial

The first step in the legal process is a stage called “discovery.”  Discovery is when your attorney files requests for information from the defendant’s attorney, which could include:

• Evidence
• Interrogatories
• Depositions

During discovery, your attorney may file motions for the court to make important rulings on evidentiary matters.

Settlement or Trial

Generally, the attorneys involved in a case seek to resolve the matter through a settlement with the defendant agreeing to pay compensation in exchange for the removal of liability.

Often, the settlement process involves negotiating with the defendant’s insurance company to receive a settlement amount that adequately accounts for losses.

If the two sides are unable to come to an agreement despite good-faith negotiations, the court may assign a mediator to help bring the parties closer to a resolution. 

If a settlement is still not reached, then the matter may go to trial. Your legal team will need to gather all the supporting evidence, witnesses, and experts in preparation for the trial. During the trial, the defendant will typically challenge the claims of the plaintiff.

At the conclusion of a court trial, there is one more opportunity for settlement negotiations. For example, if your attorney presents an exceptionally strong case, the defendant may decide to settle.

If no settlement is reached, the jury will give a verdict stating if the defendant is liable and what the appropriate settlement amount should be.

Get Help from a Bay Area Injury Attorney

If you’ve been injured and are considering pursuing compensation for damages, we invite you to contact us for a free case evaluation with one of our skilled attorneys at The Law Office of Scott Righthand.