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Lawsuit Process

Understanding the Personal Injury Lawsuit Process

Jeff Martin March 17, 2023

Personal injury lawsuits are legal disputes that arise when a person suffers harm due to another person's negligence or intentional actions, like car accidents or medical malpractice. In such cases, the victim can file a lawsuit to seek compensation for damages.

Being familiar with the personal injury lawsuit process is crucial if you have been injured due to someone else's negligence. The following are the essential steps involved in pursuing it:

1. Attorney Consultation

If you have suffered a personal injury, it is essential to consult with an experienced and reliable lawyer to determine if you have a valid claim. They will give you a free consultation where they evaluate your case and advise you on the best course of action.   

Personal injury lawyers typically work on a contingency basis, meaning they do not charge upfront fees and only get paid if they win the case. Their fee is usually a percentage of the settlement amount. If the attorney decides to take your case, they will guide you through the rest of the lawsuit process.

2. Discovery

Discovery is a phase in a personal injury lawsuit where the attorneys representing each party exchange the evidence they have gathered. Each party’s lawyers will submit a list of interrogatories, which are questions and a request for documents, to each other. The lawyers may conduct sworn statements and depositions during this phase to gather more information.

3. Settlement Negotiation

As going to trial can be time-consuming and costly, both parties in a personal injury lawsuit generally attempt to resolve the case through negotiation. The defendant's insurance company typically proposes a settlement offer in a personal injury lawsuit. Your attorney will evaluate the proposal and provide their expert opinion, but ultimately, it is your decision to accept or decline the settlement offer.

4. Trial

The case will be trialed if the parties cannot reach a settlement agreement. During this stage, a jury will determine whether the defendant is guilty and how much compensation the plaintiff should get.

If either party is dissatisfied with the verdict, they can file an appeal. However, the appeals process takes months or even years. Once the process has been completed, and if the defendant is found liable, they will be required to pay the damages determined by the court.

Get Professional Help With Your Lawsuit

Are you or a loved one a victim of an injury caused by someone else's negligence? Our team of personal injury attorneys in Tulsa, Oklahoma, is ready to assist you.

At the Law Offices of Jeff Martin, we are equipped to handle numerous cases, including car accidents, slip and fall incidents, medical malpractice, workplace injuries, and more. Contact us today by phone or visit our law firm in Tulsa, Oklahoma.