Law

A detailed look into the steps to filing a PI claim – How to go about the process

You must have never thought in your wildest dream that you’ll be in a situation where you’re badly injured and you’re trying to file a personal injury lawsuit. A devastating car accident can leave you confused and unsure of what to expect and what to do next. Without the help of a Stockton personal injury attorney, the legal process that lies ahead of you can get complicated. 

Keep reading to know what you may expect while filing a personal injury lawsuit. 

Consulting with a personal injury attorney

Unless your PI claim is minor and almost negligible, you may discuss your personal injury claim with the lawyer over the phone. This is a free consultation where you discuss your case with the lawyer. He will ask you questions in order to understand your case in a better way. 

In order to be sure about the credentials of the lawyer, you too can ask questions to know the lawyer’s experience.  After the lawyer listens, he’ll give you recommendations on the best course of action. 

The case will be analyzed

If you decide to hire a lawyer, the foremost step you need to take before you file a lawsuit is to investigate and analyze your case. The lawyer will perform a separate investigation in order to assess the following details:

  • Photographs
  • Scene of the accident
  • Police reports
  • Medical records
  • Earning power and employment history
  • Statements of witnesses
  • Video surveillance
  • Vehicle details

Before filing the lawsuit, the lawyer will probably demand a settlement. The opponent party will review this settlement, accept it or deny it. 

Filing the personal injury claim

A personal injury lawsuit happens when a plaintiff files a charge against a defendant in court. Through this complaint, the plaintiff seeks compensation for the damage that was caused to him by the defendant during the accident. As soon as the plaintiff files this complaint, the lawsuit is started. 

This PI charge comprises the identities of the parties, the various facts about claims, and legal claims. You will mention what you expect the court to do, whether you demand an amount or you leave it to the court to award you an amount decided at trial. 

As soon as the charge is filed against the defendant, he should be sure that he is being sued by the plaintiff. This process is done through summons. 

Motions and hearings before the trial

Hearings and motions before the trial are usually leveraged by lawyers to persuade the other party to give their evidence. In the case of a PI lawsuit, this is done with the objective of mediating the case before it reaches trial. Once this is done, the lawyer of the defendant can file a motion to negate your case due to a dearth of proper proof. 

Hence, if you’ve been severely injured in an accident due to someone else’s reckless or negligent behavior, file a lawsuit. Decide on a free consultation and let the lawyer explore your legal rights and build a strong case. 

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