Many people are fortunate enough to avoid legal troubles, so they may lack knowledge and/or experience with the legal process. Yet those who receive an injury due to another’s negligence will need a source of knowledge and experience to get compensation. Such situations call for a wrongful death, car accident, or brain injury attorney.
Davana Law Firm is a seasoned practice based near Hollywood, CA, that has provided numerous injured victims with legal assistance and won them compensation. Our team is composed of experienced attorneys and paralegals who will work hard on your behalf. We charge clients nothing until we’ve won their case, and we’ve won over 500 hundred cases.
Below, we provide a brief guide on personal injury cases to help you understand the case process and your part in it:
Defining “Personal Injury”
Legally, any injury to your body, reputation, or emotional state is considered a personal injury, according to the Cornell Law School. But a personal injury case arises when one receives an injury due to the negligence of a third party.
The third party is held at fault when they failed to act and think with the same degree of care as a reasonable person. The law considers their negligence as the cause of your injury.
Specific situations that cause personal injury cases include:
- Auto & Workplace Accidents
- Defective Products
- Medical Malpractice
- Nursing Home Abuse
However, personal injury cases also arise from occurrences of non-bodily harm, including:
- Malicious Prosecution
- Invasion of Privacy
- False Detention, Arrest, or Imprisonment
These events can take a great personal toll on their victims, which is why personal injury lawyers help them get compensation for their recovery.
The Process of a Personal Injury Case
Generally, personal injury cases involve the victim receiving compensation from the negligent party’s insurance company. To do so, an insurance adjuster meets with the victim and reviews the events of the case.
However, further legal action is sometimes required, especially if the negligent party claims that they did nothing wrong and refuse to provide recompense. In this event, you should seek representation from a dependable personal injury law firm, which can help you build a lawsuit against the negligent party. Briefly, the process would run like so:
1. Preparing the Case – Prior to any other actions, an experienced legal expert will compile all evidence for your case, including witness testimonies, medical records, photos of your injuries, etc.
They’ll put together the strongest pieces of evidence possible in case you have to prove your case in court.
2. Sending a Complaint – a document known as a ‘complaint’ is filed to the appropriate civil court. It explains how and why the negligent party is responsible for your injuries and owes damages to you.
The negligent party, also called the defendant, will be served a copy of this complaint as well, conveying to them that you are pursuing legal action against them.
3. Going to Court – The case is sent to court, but a pre-trial stage occurs in which the defendant and you, the plaintiff, as well as your respective attorneys, file motions between each other.
Some cases have defendants calling for the case to be dismissed, while others result in mutual agreement on the facts of the case, decisively ending the case then and there. However, if a further conflict occurs, the case moves on.
4. Discovery – This is the stage in which your previously gathered evidence becomes crucial. Both the plaintiff and defendant submit their evidence to the court for evaluation.
This is also when depositions occur, in which the plaintiff and the defendant must give testimony under oath, much like in criminal cases.
5. Discussion of Settlement – At the same time, both parties can meet along with the presiding judge to discuss their progress in collecting evidence, as well as possibly making a settlement agreement.
This is a legally binding agreement in which both parties come to a resolution so the case doesn’t go to a full trial.
6. Full Trial – If a settlement hasn’t been reached, then the case enters a court of law where both parties appear in court, where the plaintiff and the defendant present their evidence.
If the court rules in favor of the defendant, they are relieved of any legal responsibility to the plaintiff.
If the plaintiff succeeds, the defendant is legally responsible for paying damages and taking on some actions that the plaintiff requests.
7. Appeal (Optional) – If either party loses the case, they can file for an appeal, sending the case to an appeals court in which the judge there will decide if the case should be dismissed entirely, maintain or change the judgment, or send it to a retrial.
In this situation, there are many instances in which a lawsuit goes back and forth between civil court and appeals court before the case is all over.
Why You Need to Hire a Personal Injury Lawyer
Though it may not always result in your case going all the way to a full trial, you should have an experienced legal expert at your side, especially in the event of a personal injury case.
While you or your loved one are in dire need of rest to recover as much as you can, your attorney can fight for the full extent of damages you need to stay financially stable.
A personal injury lawyer will help simplify the process, negotiate with insurance companies to make sure you get the highest amount of compensation, as well as ensure the negligent party provides the appropriate recompense for the pain and suffering their actions have caused you.
Davana Law Firm: Top Personal Injury and Brain Injury Attorney in Hollywood, CA
Hopefully, our guide above helps you get a decent grasp of what you’ll need to do to put together a strong personal injury case. However, if that’s not enough, consider hiring an expert from Davana Law Firm. We will provide you with the representation you need, whether it is a seasoned brain injury attorney or an experienced personal injury lawyer. Our firm has successfully won over 500 cases for clients across the Hollywood, CA area. We won’t charge you until we win, and we won’t stop working hard until we do. Contact us today at (818) 501-1055 to learn more and schedule a meeting with one of our reliable legal experts.